149A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

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.
History: 1997 c 215 s 5; 2001 c 171 s 5

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

149A.025 ALKALINE HYDROLYSIS.
For purposes of this chapter, the disposal of a dead human body through the process of
alkaline hydrolysis shall be subject to the same licensing requirements and regulations that apply
to cremation, crematories, and cremated remains as described in this chapter. The licensing
requirements and regulations of this chapter shall also apply to the entities where the process of
alkaline hydrolysis occurs and to the remains that result from the alkaline hydrolysis process.
History: 2003 c 32 s 2

149A.03 DUTIES OF COMMISSIONER.
The commissioner shall:
(1) enforce all laws and adopt and enforce rules relating to the:
(i) removal, preparation, transportation, arrangements for disposition, and final disposition of
dead human bodies;
(ii) licensure and professional conduct of funeral directors, morticians, and interns;
(iii) licensing and operation of a funeral establishment; and
(iv) licensing and operation of a crematory;
(2) provide copies of the requirements for licensure and permits to all applicants;
(3) administer examinations and issue licenses and permits to qualified persons and other
legal entities;
(4) maintain a record of the name and location of all current licensees and interns;
(5) perform periodic compliance reviews and premise inspections of licensees;
(6) accept and investigate complaints relating to conduct governed by this chapter;
(7) maintain a record of all current preneed arrangement trust accounts;
(8) maintain a schedule of application, examination, permit, and licensure fees, initial and
renewal, sufficient to cover all necessary operating expenses;
(9) educate the public about the existence and content of the laws and rules for mortuary
science licensing and the removal, preparation, transportation, arrangements for disposition, and
final disposition of dead human bodies to enable consumers to file complaints against licensees
and others who may have violated those laws or rules;
(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science
in order to refine the standards for licensing and to improve the regulatory and enforcement
methods used; and
(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the laws,
rules, or procedures governing the practice of mortuary science and the removal, preparation,
transportation, arrangements for disposition, and final disposition of dead human bodies.
History: 1997 c 215 s 7

149A.04 ENFORCEMENT.
    Subdivision 1. General authority. The provisions of this chapter and all laws, now in
force or later enacted, rules, orders, stipulation agreements, settlements, compliance agreements,
licenses, and permits adopted or issued for the regulation of the removal, preparation,
transportation, arrangements for disposition, or final disposition of dead human bodies or for the
regulation of the practice of mortuary science may be enforced under this section.
    Subd. 2. Inspections. The regulatory agency or a designee of the regulatory agency shall
conduct initial licensure inspections and corrective order reinspections. As a condition of
continued licensure, compliance reviews or premises inspections of licensees shall be conducted
by the regulatory agency or a designee of the regulatory agency at least biennially. A compliance
review or an inspection of the premises of any person subject to regulation under this chapter
may also be conducted when the regulatory agency reasonably suspects that there may be a
violation or a threat of a violation of any law now in force or later enacted, rule, order, stipulation
agreement, settlement, compliance agreement, license, or permit issued by the regulatory agency.
When possible, all inspections and compliance reviews shall be conducted without prior notice to
the subject of the inspection or review and shall be performed in the presence of the subject of the
inspection or review or an authorized representative of the subject of the inspection or review.
    Subd. 3. Access to information and property. The regulatory agency or a designee of the
regulatory agency, upon presentation of credentials, may:
(1) examine and copy any relevant books, papers, records, memoranda, or data of any person
subject to regulation under this chapter; and
(2) enter upon any property, public or private, for the purpose of taking any action authorized
under this chapter or rules, orders, stipulation agreements, settlements, compliance agreements,
licenses, or permits adopted or issued by the regulatory agency, including obtaining information
from a person that has a duty to provide information under this chapter or conducting inspections
or investigations.
    Subd. 4. Subpoena power. The regulatory agency may, as part of an investigation, issue
subpoenas to require the attendance and testimony of witnesses and production of books, records,
correspondence, and other information relevant to any matter involved in the investigation. The
regulatory agency or the regulatory agency's designee may administer oaths to witnesses or take
their affirmation. The subpoenas may be served upon any person named therein anywhere in the
state by any person authorized to serve subpoenas or other processes in civil actions of the district
courts. If a person to whom a subpoena is issued does not comply with the subpoena, the regulatory
agency may apply to the district court in any district and the court may order compliance with the
subpoena. Failure to obey the order of the court may be punished as contempt of court.
    Subd. 5. Data on investigations and disciplinary actions. Data relating to any disciplinary
measures or actions anticipated or taken by the regulatory agency are classified as follows:
(1) data on persons other than individuals are civil investigative data under section 13.39;
(2) data on individuals are licensing data under section 13.41; and
(3) data on individuals who submit complaints to the regulatory agency regarding activities
or practices regulated under this chapter are confidential data on individuals while an investigation
is active and private data on individuals when an investigation becomes inactive.
    Subd. 6. Cooperation with other authorities. The regulatory agency shall encourage
and promote cooperation between and among other state and federal authorities where there is
concurrent or overlapping enforcement or licensing jurisdiction.
History: 1997 c 215 s 8; 2001 c 171 s 13

149A.05 CORRECTION ORDERS.
    Subdivision 1. Authorization. The regulatory agency may issue correction orders that
require a person subject to regulation under this chapter to correct violations of this chapter or
rules, orders, stipulation agreements, settlements, compliance agreements, licenses, and permits
adopted or issued by the regulatory agency.
    Subd. 2. Contents of order. The correction order must include:
(1) a concise statement of the deficiencies alleged to constitute the violation;
(2) a reference to the section of law, rule, order, stipulation agreement, settlement,
compliance agreement, license, or permit that has been violated;
(3) a statement of the time by and the manner in which the violation must be corrected; and
(4) a statement of the right to request a hearing under sections 14.57 to 14.62.
    Subd. 3. Request for hearing; hearing; and final order. A request for hearing must be in
writing, delivered to the regulatory agency by certified mail within 20 calendar days after the
receipt of the correction order, and specifically state the reasons for seeking review of the order.
The regulatory agency must initiate a hearing within 30 calendar days from the date of receipt
of the written request for hearing. The hearing shall be conducted pursuant to the contested
case procedures in sections 14.57 to 14.62. No earlier than ten calendar days after and within
30 calendar days of receipt of the presiding administrative law judge's report, the regulatory
agency shall issue a final order modifying, vacating, or making permanent the correction order as
the facts require. If, within 20 calendar days of receipt of the correction order, the person that
is the subject of the order fails to request a hearing in writing, the correction order becomes the
final order of the regulatory agency.
    Subd. 4. Review of final order. A judicial review of the final order issued by the regulatory
agency subsequent to a contested case hearing may be requested in the manner prescribed in
sections 14.63 to 14.69. Failure to request a contested case hearing pursuant to subdivision 3 shall
constitute a waiver of the right to further agency or judicial review of the final order.
    Subd. 5. Reinspections and effect of noncompliance. If upon reinspection, or in the
determination of the regulatory agency, it is found that any deficiency specified in a correction
order has not been corrected by the person that is subject to the correction order, that person or
entity is in noncompliance. The regulatory agency shall issue a notice of noncompliance and may
impose any additional remedy available under this chapter.
History: 1997 c 215 s 9; 2001 c 171 s 13

149A.06 ADMINISTRATIVE PENALTY ORDERS.
    Subdivision 1. Authorization. The regulatory agency may issue an order requiring violations
to be corrected and administratively assessing monetary penalties for violations of this chapter or
rules, orders, stipulation agreements, settlements, compliance agreements, licenses, and permits
adopted, enforced, or issued by the regulatory agency.
    Subd. 2. Contents of order. An order assessing an administrative penalty under this section
must include:
(1) a concise statement of the facts alleged to constitute a violation;
(2) a reference to the section of law, rule, order, stipulation agreement, settlement,
compliance agreement, license, or permit that has been violated;
(3) a statement of the amount of the administrative penalty to be imposed and the factors
upon which the penalty is based; and
(4) a statement of the right to request a hearing pursuant to sections 14.57 to 14.62.
    Subd. 3. Concurrent corrective order. The regulatory agency may issue an order assessing
an administrative penalty and requiring the violations cited in the order to be corrected within 30
calendar days from the date the order is received. The subject of the order shall provide to the
regulatory agency before the 31st day after the order was received, information demonstrating that
the violation has been corrected or that a corrective plan, acceptable to the regulatory agency, has
been developed. The regulatory agency shall determine whether the violation has been corrected
and notify the subject of the order of the regulatory agency's determination.
    Subd. 4. Penalty. If the regulatory agency determines that the violation has been corrected or
an acceptable corrective plan has been developed, the penalty may be forgiven, except, where
there are repeated or serious violations, the regulatory agency may issue an order with a penalty
that will not be forgiven after corrective action is taken. Unless there is a request for review of the
order under subdivision 6 before the penalty is due, the penalty is due and payable:
(1) on the 31st calendar day after the order was received, if the subject of the order fails to
provide information to the regulatory agency showing that the violation has been corrected or that
appropriate steps have been taken toward correcting the violation;
(2) on the 20th day after the subject of the order receives the regulatory agency's
determination that the information provided is not sufficient to show that the violation has been
corrected or that appropriate steps have been taken toward correcting the violation; or
(3) on the 31st day after the order was received where the penalty is for repeated or serious
violations and according to the order issued, the penalty will not be forgiven after corrective
action is taken.
All penalties due under this section are payable to the commissioner of finance, state of
Minnesota, and shall be credited to the state government special revenue fund in the state treasury.
    Subd. 5. Amount of penalty; considerations. (a) The maximum amount of administrative
penalty orders is $10,000 for each specific violation identified in an inspection, investigation, or
compliance review.
(b) In determining the amount of the administrative penalty, the regulatory agency shall
consider the following:
(1) the willfulness of the violation;
(2) the gravity of the violation;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the person allowing or committing the violation; and
(6) other factors as justice may require, if the regulatory agency specifically identifies the
additional factors in the regulatory agency's order.
(c) In determining the amount of a penalty for a violation subsequent to an initial violation
under paragraph (a), the regulatory agency shall also consider:
(1) the similarity of the most recent previous violation and the violation to be penalized;
(2) the time elapsed since the last violation; and
(3) the response of the subject of the order to the most recent previous violation.
    Subd. 6. Request for hearing; hearing; and final order. A request for hearing must be
in writing, delivered to the regulatory agency by certified mail within 20 calendar days after
the receipt of the order, and specifically state the reasons for seeking review of the order. The
regulatory agency must initiate a hearing within 30 calendar days from the date of receipt of
the written request for hearing. The hearing shall be conducted pursuant to the contested case
procedures in sections 14.57 to 14.62. No earlier than ten calendar days after and within 30
calendar days of receipt of the presiding administrative law judge's report, the regulatory agency
shall, based on all relevant facts, issue a final order modifying, vacating, or making the original
order permanent. If, within 20 calendar days of receipt of the original order, the person that is
the subject of the order fails to request a hearing in writing, the order becomes the final order of
the regulatory agency.
    Subd. 7. Review of final order and payment of penalty. Once the regulatory agency issues
a final order, any penalty due under that order shall be paid within 30 calendar days after the date
of the final order, unless review of the final order is requested. The final order of the regulatory
agency may be appealed in the manner prescribed in sections 14.63 to 14.69. If the final order is
reviewed and upheld, the penalty shall be paid 30 calendar days after the date of the decision of
the reviewing court. Failure to request an administrative hearing pursuant to subdivision 6 shall
constitute a waiver of the right to further agency or judicial review of the final order.
    Subd. 8. Reinspections and effect of noncompliance. If upon reinspection, or in the
determination of the regulatory agency, it is found that any deficiency specified in the order
has not been corrected or an acceptable corrective plan has not been developed, the person
that is subject to the order is in noncompliance. The regulatory agency shall issue a notice of
noncompliance and may impose any additional remedy available under this chapter.
    Subd. 9. Enforcement. The attorney general may proceed on behalf of the regulatory agency
to enforce penalties that are due and payable under this section in any manner provided by law
for the collection of debts.
    Subd. 10. Revocation; suspension; denial of license; permit; or registration. Failure to
pay penalties owed under this section constitutes grounds for the revocation or suspension of or
refusal to reissue a license or permit issued by the regulatory agency under this chapter.
    Subd. 11. Cumulative remedy. The authority of the regulatory agency to issue an
administrative penalty order is in addition to other lawfully available remedies.
    Subd. 12. Mediation. In addition to review under subdivision 6, the regulatory agency is
authorized to enter into mediation concerning an order issued under this section if the regulatory
agency and the subject of that order agree to mediation.
History: 1997 c 215 s 10; 2001 c 171 s 13; 2003 c 112 art 2 s 50

149A.07 INJUNCTIVE RELIEF.
In addition to any other remedy provided by law, the regulatory agency may bring an action
for injunctive relief in any district court in any district in Minnesota to restrain any person from
violation or threatened violation of any law, rule, order, stipulation agreement, settlement,
compliance agreement, license, or permit which the regulatory agency is empowered to enforce,
regulate, or issue.
History: 1997 c 215 s 11; 2001 c 171 s 13

149A.08 CEASE AND DESIST ORDER.
    Subdivision 1. Authorization. In addition to any other remedy provided by law, the
regulatory agency may issue a cease and desist order to:
(1) stop a person from violating or threatening to violate any law, rule, order, stipulation
agreement, settlement, compliance agreement, license, or permit which the regulatory agency is
empowered to regulate, enforce, or issue; or
(2) prohibit a funeral provider from engaging in the sale of preneed funeral goods, funeral
services, burial site goods, or burial site services if the funeral provider has been found in
violation of any provision of this chapter.
    Subd. 2. Contents of order. The cease and desist order must be in writing, state the specific
reason for its issuance, and give notice of the right to request a hearing under sections 14.57
to 14.62.
    Subd. 2a. Sale of preneed goods or services; contents of order, hearing, when effective.
(a) This subdivision applies to cease and desist orders issued pursuant to subdivision 1, clause (2).
(b) In addition to the requirements of subdivision 2, a cease and desist order must also specify
that the hearing to which the funeral provider has a right occurs, if requested, before the order goes
into effect and that a timely request for a hearing automatically stays the cease and desist order.
(c) A request for a hearing must be in writing, must be delivered to the regulatory agency
by certified mail within 20 calendar days after the funeral provider receives the order, and must
specifically state the reasons for seeking review of the order. If the funeral provider fails to request
a hearing in writing within 20 calendar days of receipt of the order, the cease and desist order
becomes the final order of the regulatory agency. If a funeral provider makes a timely request for
a hearing, the cease and desist order is automatically stayed pending the outcome of the hearing.
The regulatory agency must initiate a hearing within 30 calendar days from the date of receiving
the written request for hearing. The hearing shall be conducted pursuant to sections 14.57 to
14.62. No earlier than ten calendar days but within 30 calendar days of receiving the presiding
administrative law judge's report, the regulatory agency shall issue a final order modifying,
vacating, or making permanent the cease and desist order as the facts require.
    Subd. 3. Request for hearing; hearing; and final order. This subdivision applies to cease
and desist orders issued pursuant to subdivision 1, clause (1). A request for hearing must be in
writing, delivered to the regulatory agency by certified mail within 20 calendar days after the
receipt of the cease and desist order, and specifically state the reasons for seeking review of the
order. The regulatory agency must initiate a hearing within 30 calendar days from the date of
receipt of the written request for hearing. The hearing shall be conducted pursuant to sections
14.57 to 14.62. No earlier than ten calendar days but within 30 calendar days of receipt of
the presiding administrative law judge's report, the regulatory agency shall issue a final order
modifying, vacating, or making permanent the cease and desist order as the facts require. If, within
20 calendar days of receipt of the cease and desist order, the subject of the order fails to request a
hearing in writing, the cease and desist order becomes the final order of the regulatory agency.
    Subd. 4. Request for stay. This subdivision applies to cease and desist orders issued pursuant
to subdivision 1, clause (1). When a request for a stay accompanies a timely hearing request, the
regulatory agency may, in the regulatory agency's discretion, grant the stay. If the regulatory
agency does not grant a requested stay, the regulatory agency shall refer the request to the Office
of Administrative Hearings within three working days from the receipt of the request. Within ten
calendar days after receiving the request from the regulatory agency, an administrative law judge
shall issue a recommendation to grant or deny the stay. The regulatory agency shall grant or deny
the stay within five calendar days of receiving the administrative law judge's recommendation.
    Subd. 5. Review of final order. A judicial review of the final order issued by the regulatory
agency may be requested in the manner prescribed in sections 14.63 to 14.69. Failure to request
a hearing pursuant to subdivision 3 shall constitute a waiver of the right to further agency
or judicial review of the final order.
    Subd. 6. Effect of noncompliance with order. In the event of noncompliance with the cease
and desist order, the regulatory agency may:
(1) institute a proceeding in any district court in any district in Minnesota to obtain injunctive
relief;
(2) impose an administrative penalty, pursuant to section 149A.06, for each separate
violation; or
(3) revoke, suspend, limit, or condition the license or permit issued to the subject of the
cease and desist order.
    Subd. 7. Additional remedies. The issuance of a cease and desist order or injunctive relief
does not relieve a person subject to regulation under this chapter from criminal prosecution
by a competent authority.
History: 1997 c 215 s 12; 2000 c 438 s 5-8; 2001 c 171 s 13

149A.09 DENIAL; REFUSAL TO REISSUE; REVOCATION; SUSPENSION;
LIMITATION OF LICENSE OR PERMIT.
    Subdivision 1. Denial; refusal to renew; revocation; and suspension. The regulatory
agency may deny, refuse to renew, revoke, or suspend any license or permit applied for or issued
pursuant to this chapter when the person subject to regulation under this chapter:
(1) does not meet or fails to maintain the minimum qualification for holding a license or
permit under this chapter;
(2) submits false or misleading material information to the regulatory agency in connection
with a license or permit issued by the regulatory agency or the application for a license or permit;
(3) violates any law, rule, order, stipulation agreement, settlement, compliance agreement,
license, or permit that regulates the removal, preparation, transportation, arrangements for
disposition, or final disposition of dead human bodies in Minnesota or any other state in the
United States;
(4) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no contest plea in any court in Minnesota or any other jurisdiction in the United States.
"Conviction," as used in this subdivision, includes a conviction for an offense which, if committed
in this state, would be deemed a felony or gross misdemeanor without regard to its designation
elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned, but
the adjudication of guilt is either withheld or not entered;
(5) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a
no contest plea in any court in Minnesota or any other jurisdiction in the United States that the
regulatory agency determines is reasonably related to the removal, preparation, transportation,
arrangements for disposition or final disposition of dead human bodies, or the practice of
mortuary science;
(6) is adjudicated as mentally incompetent, mentally ill, developmentally disabled, or
mentally ill and dangerous to the public;
(7) has a conservator or guardian appointed;
(8) fails to comply with an order issued by the regulatory agency or fails to pay an
administrative penalty imposed by the regulatory agency;
(9) owes uncontested delinquent taxes in the amount of $500 or more to the Minnesota
Department of Revenue, or any other governmental agency authorized to collect taxes anywhere
in the United States;
(10) is in arrears on any court ordered family or child support obligations; or
(11) engages in any conduct that, in the determination of the regulatory agency, is
unprofessional as prescribed in section 149A.70, subdivision 7, or renders the person unfit to
practice mortuary science or to operate a funeral establishment or crematory.
    Subd. 2. Hearings related to refusal to renew, suspension, or revocation of license or
permit. If the regulatory agency proposes to deny renewal, suspend, or revoke a license or permit
issued under this chapter, the regulatory agency must first notify, in writing, the person against
whom the action is proposed to be taken and provide an opportunity to request a hearing under the
contested case provisions of sections 14.57 to 14.62. If the subject of the proposed action does
not request a hearing by notifying the regulatory agency, by mail, within 20 calendar days after
the receipt of the notice of proposed action, the regulatory agency may proceed with the action
without a hearing and the action will be the final order of the regulatory agency.
    Subd. 3. Review of final order. A judicial review of the final order issued by the regulatory
agency may be requested in the manner prescribed in sections 14.63 to 14.69. Failure to request
a hearing pursuant to subdivision 2 shall constitute a waiver of the right to further agency
or judicial review of the final order.
    Subd. 4. Limitations or qualifications placed on license or permit. The regulatory agency
may, where the facts support such action, place reasonable limitations or qualifications on the
right to practice mortuary science or to operate a funeral establishment or crematory.
    Subd. 5. Restoring license or permit. The regulatory agency may, where there is sufficient
reason, restore a license or permit that has been revoked, reduce a period of suspension, or
remove limitations or qualifications.
History: 1997 c 215 s 13; 2001 c 171 s 13; 2005 c 56 s 1

149A.10 ADDITIONAL REMEDIES.
    Subdivision 1. Reimbursement of costs. The regulatory agency may impose a fee on any
person subject to regulation under this chapter to reimburse the Department of Health for all or
part of the cost of contested case proceedings or civil action resulting in disciplinary action,
including, but not limited to, the amount paid by the regulatory agency for services from the
Office of Administrative Hearings, attorney fees, court reports, witnesses, reproduction of
records, staff time, and other expenses.
    Subd. 2. Contested case and civil action; award of fees and expenses. In a contested case
proceeding or a civil action, the prevailing party other than the state, upon a showing that the
position of the state was not substantially justified, shall be awarded fees and other expenses
pursuant to sections 14.62, subdivision 3; and 15.471 to 15.474.
    Subd. 3. Other actions. The regulatory agency may take any other lawful action justified by
the facts of the case.
History: 1997 c 215 s 14; 2001 c 171 s 13

149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.
The regulatory agencies shall report all disciplinary measures or actions taken to the
commissioner. At least annually, the commissioner shall publish and make available to the public
a description of all disciplinary measures or actions taken by the regulatory agencies. The
publication shall include, for each disciplinary measure or action taken, the name and business
address of the licensee or intern, the nature of the misconduct, and the measure or action taken
by the regulatory agency.
History: 1997 c 215 s 15; 2001 c 171 s 8

149A.20 LICENSE TO PRACTICE MORTUARY SCIENCE.
    Subdivision 1. License required. Except as provided in section 149A.01, subdivision 3,
any person who takes charge of, removes from the place of death, or transports a dead human
body, or prepares a dead human body for final disposition in any manner, or arranges, directs,
or supervises a funeral, memorial service, or graveside service must possess a valid license to
practice mortuary science issued by the commissioner.
    Subd. 2. Effective date. The requirements in subdivisions 3 to 13 for initial licensure in
mortuary science are effective on July 1, 1997, except as provided in this chapter.
    Subd. 3. Age requirement. The person must be at least 21 years of age.
    Subd. 4. Educational requirements. (a) Effective on January 1, 1999, the person shall have:
(1) received a bachelor of science degree with a major in mortuary science from an
accredited college or university;
(2) received a bachelor of science or arts degree from an accredited college or university
and completed a separate course of study in mortuary science from a college of funeral service
education accredited by the American Board of Funeral Service Education; or
(3) completed credit hours at accredited colleges or universities that in the numerical
aggregate and distribution are the functional equivalent of a bachelor of arts or science degree and
have completed a separate course of study in mortuary science from a college of funeral service
education accredited by the American Board of Funeral Service Education.
(b) In the interim, from July 1, 1997, to December 31, 1998, the educational requirements
for initial licensure shall be:
(1) successful completion of at least 60 semester credit hours or 90 quarter credit hours at an
accredited college or university with the following minimum credit distribution:
(i) communications, including speech and English; 12 quarter hours or nine semester hours;
(ii) social science, including an introductory course in sociology and psychology; 20 quarter
hours or 12 semester hours;
(iii) natural science, including general or inorganic chemistry and biology; 20 quarter hours
or 12 semester hours;
(iv) health education, including personal or community health; three quarter hours or two
semester hours; and
(v) elective areas; 35 quarter hours or 25 semester hours; and
(2) successful completion of a separate course of study in mortuary science from a college of
funeral service education accredited by the American Board of Funeral Service Education.
    Subd. 5. Examinations. After having met the educational requirements of subdivision
4, a person must attain a passing score on the National Board Examination administered by
the Conference of Funeral Service Examining Boards of the United States, Inc. or any other
examination that, in the determination of the commissioner, adequately and accurately assesses
the knowledge and skills required to practice mortuary science. In addition, a person must
attain a passing score on the state licensing examination administered by or on behalf of the
commissioner. The state examination shall encompass the laws and rules of Minnesota that
pertain to the practice of mortuary science. The commissioner shall make available copies of all
pertinent laws and rules prior to administration of the state licensing examination.
    Subd. 6. Internship. (a) A person who attains a passing score on both examinations
in subdivision 5 must complete a registered internship under the direct supervision of an
individual currently licensed to practice mortuary science in Minnesota. Interns must file with the
commissioner:
(1) the appropriate fee; and
(2) a registration form indicating the name and home address of the intern, the date the
internship begins, and the name, license number, and business address of the supervising
mortuary science licensee.
(b) Any changes in information provided in the registration must be immediately reported
to the commissioner. The internship shall be a minimum of one calendar year and a maximum
of three calendar years in duration; however, the commissioner may waive up to three months
of the internship time requirement upon satisfactory completion of the practicum in mortuary
science administered through the program of mortuary science of the University of Minnesota or
a substantially similar program. Registrations must be renewed on an annual basis if they exceed
one calendar year. During the internship period, the intern must be under the direct and exclusive
supervision of a person holding a current license to practice mortuary science in Minnesota. An
intern may be registered under only one licensee at any given time and may be directed and
supervised only by the registered licensee. The registered licensee shall have only one intern
registered at any given time. The commissioner shall issue to each registered intern a registration
permit that must be displayed with the other establishment and practice licenses. While under
the direct and exclusive supervision of the licensee, the intern must actively participate in the
embalming of at least 25 dead human bodies and in the arrangements for and direction of at
least 25 funerals. Case reports, on forms provided by the commissioner, shall be completed by
the intern, signed by the supervising licensee, and filed with the commissioner for at least 25
embalmings and funerals in which the intern participates. Information contained in these reports
that identifies the subject or the family of the subject embalmed or the subject or the family of the
subject of the funeral shall be classified as licensing data under section 13.41, subdivision 2.
    Subd. 7. Application procedure and documentation. After completing the registered
internship, the applicant for an initial license to practice mortuary science must submit to the
commissioner a complete application and the appropriate fee. A complete application includes:
(1) a completed application form, as provided by the commissioner;
(2) proof of age;
(3) an official transcript from each post high school educational institution attended,
including colleges of funeral service education;
(4) certification of a passing score on the National Board Examination from the commissioner
of the Conference of Funeral Service Examining Boards of the United States, Inc.;
(5) a copy of the notification of a passing score on the state licensing examination; and
(6) a signed, dated, and notarized affidavit from the licensee who supervised the Minnesota
internship stating the date the internship began and ended and that both the applicant and the
supervising licensee fulfilled the requirements under subdivision 6.
Upon receipt of the completed application and appropriate fee, the commissioner shall review
and verify all information. Upon completion of the verification process and resolution of any
deficiencies in the application information, the commissioner shall make a determination, based
on all the information available, to grant or deny licensure. If the commissioner's determination is
to grant licensure, the applicant shall be notified and the license shall issue and remain valid for a
period prescribed on the license, but not to exceed one calendar year from the date of issuance
of the license. If the commissioner's determination is to deny licensure, the commissioner must
notify the applicant, in writing, of the denial and provide the specific reason for the denial.
    Subd. 8. Fees. Fees shall be paid to the commissioner of finance, state of Minnesota, and
shall be credited to the state government special revenue fund in the state treasury.
    Subd. 9. Period of licensure. All licenses to practice mortuary science issued by the
commissioner shall be valid for one calendar year, beginning on January 1 and ending on
December 31 regardless of the date of issuance. Fees may not be prorated.
    Subd. 10. Display of license. Each license to practice mortuary science must be
conspicuously displayed at all times in the holder's place of business. Conspicuous display means
in a location where a member of the general public within the holder's place of business will be
able to observe and read the license.
    Subd. 11. Nontransferability of license. A license to practice mortuary science is not
assignable or transferable and is not valid for any person other than the individual named.
    Subd. 12. Reporting changes in license information. Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later than 30
calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
    Subd. 13. Application information. All information submitted to the commissioner by an
applicant for licensure to practice mortuary science is classified as licensing data under section
13.41, with the exception of the name and address of the applicant. Upon issuance of a license to
practice mortuary science, all application information becomes licensing data under section 13.41,
subdivision 4 , with the exception of internship case report data as classified under subdivision 6.
History: 1997 c 215 s 16; 2003 c 112 art 2 s 50

149A.30 RECIPROCAL LICENSING.
    Subdivision 1. Licensees of other states. The commissioner may issue a license to
practice mortuary science to a person who holds a current license or other credential from
another jurisdiction if the commissioner determines that the requirements for that license or
other credential are substantially similar to the requirements under this chapter. The individual
seeking reciprocal licensing must:
(1) attain a passing score on the Minnesota state licensing examination;
(2) submit to the commissioner the documentation described in section 149A.20, subdivision
7 , clauses (1) and (5); and
(3) pay the appropriate licensing fee.
When, in the determination of the commissioner, all of the requirements of this subdivision
have been met, the commissioner shall, based on all the information available, grant or deny
licensure. If the commissioner grants licensure, the applicant shall be notified and the license shall
issue and remain valid for a period prescribed on the license, but not to exceed one calendar year
from the date of issuance of the license. If the commissioner denies licensure, the commissioner
must notify the applicant, in writing, of the denial and provide the specific reason for denial.
    Subd. 2. Fees. Fees shall be paid to the commissioner of finance, state of Minnesota, and
shall be credited to the state government special revenue fund in the state treasury.
    Subd. 3. Period of licensure. All reciprocal licenses to practice mortuary science issued
by the commissioner shall be valid for one calendar year, beginning on January 1 and ending on
December 31 regardless of the date of issuance. Fees shall not be prorated.
    Subd. 4. Display of license. Each reciprocal license to practice mortuary science must
be conspicuously displayed at all times in the holder's place of business. Conspicuous display
means in a location where a member of the general public within the holder's place of business
will be able to observe and read the license.
    Subd. 5. Nontransferability of license. A reciprocal license to practice mortuary science is
not assignable or transferable and shall not be valid for any person other than the person named.
    Subd. 6. Reporting changes in license information. Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later than 30
calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
    Subd. 7. Application information. All information submitted to the commissioner by an
applicant for reciprocal licensure is classified as licensing data under section 13.41, subdivision
2 , with the exception of the name and address of the applicant. Upon issuance of a license to
practice mortuary science, all application information becomes licensing data under section
13.41, subdivision 4.
History: 1997 c 215 s 17; 2003 c 112 art 2 s 50

149A.40 RENEWAL OF LICENSE TO PRACTICE MORTUARY SCIENCE.
    Subdivision 1. Renewal request. All licenses to practice mortuary science issued by the
commissioner expire on December 31 of the calendar year in which the license is issued and
must be renewed to remain valid.
    Subd. 2. Limited license; funeral director only. Any person who held a funeral director
only license on July 31, 1957, may renew the license under this section. Individuals practicing
under a funeral director only license issued under this subdivision are prohibited from engaging in
the practice of embalming a dead human body.
    Subd. 3. Renewal procedure and documentation. Licensees who wish to renew their
licenses must submit to the commissioner a completed renewal application and the renewal fee
no later than December 31 of the year in which the license was issued. A completed renewal
application includes:
(1) a completed renewal application form, as provided by the commissioner; and
(2) the appropriate renewal licensing fee.
Upon receipt of the completed renewal application and appropriate fee, the commissioner
shall review and verify all information. Upon completion of the verification process and resolution
of any deficiencies in the renewal application information, the commissioner shall make a
determination, based on all the information available, to reissue or refuse to reissue the license. If
the commissioner's determination is to reissue the license, the applicant shall be notified and the
license shall issue and remain valid for a period prescribed on the license, but not to exceed one
calendar year from the date of issuance of the license. If the commissioner's determination is to
refuse to reissue the license, section 149A.09, subdivision 2, applies.
    Subd. 4. Penalty for late filing. Renewal applications received after the expiration date of a
license shall result in the assessment of a late filing penalty. The late filing penalty must be paid
before the reissuance of the license and received by the commissioner no later than 31 calendar
days after the expiration date of the license.
    Subd. 5. Lapse of license. A license to practice mortuary science shall automatically lapse
when a completed renewal application and renewal fee are not received by the commissioner
within 31 calendar days after the expiration date of a license or a late filing penalty assessed under
subdivision 4 is not received by the commissioner within 31 calendar days after the expiration of
a license.
    Subd. 6. Effect of lapse of license. Upon the lapse of a license, the person to whom
the license was issued is no longer licensed to practice mortuary science in Minnesota. The
commissioner shall issue a cease and desist order to prevent the individual from engaging in the
practice of mortuary science in Minnesota and may pursue any additional lawful remedies as
justified by the case.
    Subd. 7. Restoration of lapsed license. The commissioner may restore a lapsed license
upon receipt and review of a completed renewal application, renewal fee, and late filing penalty,
provided that the receipt is made within one calendar year from the expiration date of the lapsed
license and the person has not violated the cease and desist order issued by the commissioner.
If a lapsed license is not restored within one calendar year from the expiration date of the
lapsed license, the person to whom the lapsed license was issued cannot be relicensed until
the requirements in section 149A.20 are met.
    Subd. 8. Renewal fees. The renewal fees shall be paid to the commissioner of finance, state of
Minnesota, and shall be credited to the state government special revenue fund in the state treasury.
    Subd. 9. Reporting changes in license information. Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later than 30
calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
    Subd. 10. Application information. All information submitted to the commissioner by an
applicant for renewal of licensure to practice mortuary science is classified as licensing data
under section 13.41, subdivision 2, with the exception of the name and address of the applicant.
Upon reissuance of a license to practice mortuary science, all application information becomes
licensing data under section 13.41, subdivision 4.
    Subd. 11. Continuing education. The commissioner may, upon presentation of an
appropriate program of continuing education developed by the Minnesota Funeral Directors
Association, require continuing education hours for renewal of a license to practice mortuary
science.
History: 1997 c 215 s 18; 2003 c 112 art 2 s 50

149A.45 EMERITUS REGISTRATION FOR MORTUARY SCIENCE PRACTITIONERS.
    Subdivision 1. Application. Any mortuary science practitioner licensed to practice mortuary
science in Minnesota under this chapter may apply to the commissioner for mortuary science
practitioner emeritus registration if the person declares that he or she is retired in all jurisdictions
from the active practice of mortuary science and if the person is not subject to any disciplinary
action by the commissioner and not subject to an order by the commissioner imposing a
suspended, conditional, or restricted license to practice mortuary science. For purposes of this
section, a person is retired if the person has completely ceased the active practice of mortuary
science in all jurisdictions for any reason. The mortuary science practitioner may apply to the
commissioner using the practitioner's licensure form or by petitioning the commissioner.
    Subd. 2. Status of registrant. An emeritus registration is not a license to engage in the
practice of mortuary science. A person registered under this section shall not engage in the
practice of mortuary science.
    Subd. 3. Continuing education requirements. The continuing education requirements that
apply to mortuary science practitioners shall not apply to a person registered under this section.
    Subd. 4. Documentation of status. A person granted emeritus registration shall, upon
payment of a $50 fee, be issued a certificate by the commissioner certifying that the person has
received emeritus registration and has completed his or her active professional career licensed in
good standing with the commissioner. The $50 fee shall be a onetime fee.
    Subd. 5. Renewal cycle or fee. A person registered under this section shall not be subject to
a registration renewal cycle or any renewal fees.
History: 2002 c 399 s 1

149A.50 LICENSE TO OPERATE A FUNERAL ESTABLISHMENT.
    Subdivision 1. License required. Except as provided in section 149A.01, subdivision 3, no
person shall maintain, manage, or operate a 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 for the provision of funeral services, without possessing a valid license to
operate a funeral establishment issued by the commissioner of health.
    Subd. 2. Requirements for funeral establishment. A funeral establishment licensed under
this section must contain:
(1) a preparation and embalming room as described in section 149A.92; and
(2) office space for making arrangements.
    Subd. 3. Application; procedure; documentation; initial inspection. An applicant
for a license to operate a funeral establishment shall submit to the commissioner a completed
application and the appropriate fees. A completed application includes:
(1) a completed application form, as provided by the commissioner;
(2) proof of business form and ownership; and
(3) proof of liability insurance coverage or other financial documentation, as determined by
the commissioner, that demonstrates the applicant's ability to respond in damages for liability
arising from the ownership, maintenance, management, or operation of a funeral establishment.
Upon receipt of the application and appropriate fee, the commissioner shall review and verify
all information. Upon completion of the verification process and resolution of any deficiencies in
the application information, the commissioner shall conduct an initial inspection of the premises
to be licensed. After the inspection and resolution of any deficiencies found, and any reinspections
as may be necessary, the commissioner shall make a determination, based on all the information
available, to grant or deny licensure. If the commissioner's determination is to grant the license,
the applicant shall be notified and the license shall issue and remain valid for a period prescribed
on the license, but not to exceed one calendar year from the date of issuance of the license. If the
commissioner's determination is to deny the license, the commissioner must notify the applicant,
in writing, of the denial and provide the specific reason for denial.
    Subd. 4. Nontransferability of license. A license to operate a funeral establishment is not
assignable or transferable and shall not be valid for any person other than the one named. Each
license issued to operate a funeral establishment is valid only for the location identified on the
license. A change in ownership or location of the funeral establishment automatically terminates
the license. Separate licenses shall be required of two or more persons or other legal entities
operating from the same location.
    Subd. 5. Display of license. Each license to operate a funeral establishment must be
conspicuously displayed in the funeral establishment at all times. Conspicuous display means
in a location where a member of the general public within the funeral establishment will be
able to observe and read the license.
    Subd. 6. Initial licensure and inspection fees. The licensure and inspection fees shall be
paid to the commissioner of finance, state of Minnesota, to the credit of the state government
special revenue fund in the state treasury.
    Subd. 7. Period of licensure. All licenses to operate a funeral establishment issued by the
commissioner are valid for a period of one calendar year beginning on July 1 and ending on June
30, regardless of the date of issuance. Fees shall not be prorated.
    Subd. 8. Reporting changes in license information. Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later than 30
calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
    Subd. 9. Application information. All information submitted to the commissioner by an
applicant for a license to operate a funeral establishment is classified as licensing data under
section 13.41, subdivision 4.
History: 1997 c 215 s 19; 2003 c 112 art 2 s 50

149A.51 RENEWAL OF LICENSE TO OPERATE A FUNERAL ESTABLISHMENT.
    Subdivision 1. Renewal required. A license to operate a funeral establishment issued by
the commissioner expires on June 30 following the date of issuance of the license and must
be renewed to remain valid.
    Subd. 2. Renewal procedure and documentation. Licensees who wish to renew their
licenses must submit to the commissioner a completed renewal application and the renewal fee no
later than June 30 following the date the license was issued. A completed renewal application
includes:
(1) a completed renewal application form, as provided by the commissioner; and
(2) proof of liability insurance coverage or other financial documentation, as determined by
the commissioner, that demonstrates the applicant's ability to respond in damages for liability
arising from the ownership, maintenance, management, or operation of a funeral establishment.
Upon receipt of the completed renewal application and appropriate fee, the commissioner
shall review and verify all information. Upon completion of the verification process and resolution
of any deficiencies in the renewal application information, the commissioner shall make a
determination, based on all the information available, to reissue or refuse to reissue the license. If
the commissioner's determination is to reissue the license, the applicant shall be notified and the
license shall issue and remain valid for a period prescribed on the license, but not to exceed one
calendar year from the date of issuance of the license. If the commissioner's determination is to
refuse to reissue the license, section 149A.09, subdivision 2, applies.
    Subd. 3. Penalty for late filing. Renewal applications received after the expiration date of a
license shall result in the assessment of a late filing penalty. The late filing penalty must be paid
prior to the reissuance of the license and received by the commissioner no later than 31 calendar
days after the expiration date of the license.
    Subd. 4. Lapse of license. Licenses to operate funeral establishments shall automatically
lapse when a completed renewal application and renewal fee are not received by the commissioner
within 31 calendar days after the expiration date of a license or a late filing penalty assessed under
subdivision 3 is not received by the commissioner within 31 calendar days after the expiration of
a license.
    Subd. 5. Effect of lapse of license. Upon the lapse of a license, the person to whom the
license was issued is no longer licensed to operate a funeral establishment in Minnesota. The
commissioner shall issue a cease and desist order to prevent the holder of a lapsed license from
operating a funeral establishment in Minnesota and may pursue any additional lawful remedies as
justified by the case.
    Subd. 6. Restoration of lapsed license. The commissioner may restore a lapsed license upon
receipt and review of a completed renewal application, receipt of the renewal fee and late filing
penalty, reinspection of the premises, and receipt of the reinspection fee, provided that the receipt
is made within one calendar year from the expiration date of the lapsed license, and the cease and
desist order issued by the commissioner has not been violated. If a lapsed license is not restored
within one calendar year from the expiration date of the lapsed license, the holder of the lapsed
license may not be relicensed until the requirements in section 149A.50 are met.
    Subd. 7. Renewal and reinspection fees. The renewal and reinspection fees shall be paid to
the commissioner of finance, state of Minnesota, and shall be credited to the state government
special revenue fund in the state treasury.
    Subd. 8. Reporting changes in license information. Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later than 30
calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
    Subd. 9. Application information. All information submitted to the commissioner by an
applicant for renewal of licensure to operate a funeral establishment is classified as licensing data
under section 13.41, subdivision 4.
History: 1997 c 215 s 20; 2003 c 112 art 2 s 50

149A.52 LICENSE TO OPERATE A CREMATORY.
    Subdivision 1. License requirement. Except as provided in section 149A.01, subdivision 3,
no person shall maintain, manage, or operate a place or premises devoted to or used in the holding
and cremation of a dead human body without possessing a valid license to operate a crematory
issued by the commissioner of health.
    Subd. 2. Requirements for crematory. (a) A crematory licensed under this section must
consist of:
(1) a building or structure that complies with applicable local and state building codes,
zoning laws and ordinances, and environmental standards, containing one or more cremation
chambers or retorts for the cremation of dead human bodies;
(2) a motorized mechanical device for grinding, crushing, or pulverizing the cremated
remains to a granulated appearance appropriate for final disposition; and
(3) an appropriate holding facility for dead human bodies awaiting cremation.
(b) A crematory licensed under this section may also contain a display room for funeral
goods.
    Subd. 3. Application procedure; documentation; initial inspection. An applicant for a
license to operate a crematory shall submit to the commissioner a completed application. A
completed application includes:
(1) a completed application form, as provided by the commissioner;
(2) proof of business form and ownership; and
(3) proof of liability insurance coverage or other financial documentation, as determined by
the commissioner, that demonstrates the applicant's ability to respond in damages for liability
arising from the ownership, maintenance, management, or operation of a crematory.
Upon receipt of the application, the commissioner shall review and verify all information.
Upon completion of the verification process and resolution of any deficiencies in the application
information, the commissioner shall conduct an initial inspection of the premises to be licensed.
After the inspection and resolution of any deficiencies found and any reinspections as may be
necessary, the commissioner shall make a determination, based on all the information available, to
grant or deny licensure. If the commissioner's determination is to grant the license, the applicant
shall be notified and the license shall issue and remain valid for a period prescribed on the license,
but not to exceed one calendar year from the date of issuance of the license. If the commissioner's
determination is to deny the license, the commissioner must notify the applicant, in writing, of the
denial and provide the specific reason for denial.
    Subd. 4. Nontransferability of license. A license to operate a crematory is not assignable or
transferable and shall not be valid for any person other than the one named. Each license issued to
operate a crematory is valid only for the location identified on the license. A change in ownership
or location of the crematory automatically terminates the license. Separate licenses shall be
required of two or more persons or other legal entities operating from the same location.
    Subd. 5. Display of license. Each license to operate a crematory must be conspicuously
displayed in the crematory at all times. Conspicuous display means in a location where a member
of the general public within the crematory will be able to observe and read the license.
    Subd. 6. Period of licensure. All licenses to operate a crematory issued by the commissioner
are valid for a period of one calendar year beginning on July 1 and ending on June 30, regardless
of the date of issuance.
    Subd. 7. Reporting changes in license information. Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later than 30
calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
    Subd. 8. Application information. All information submitted to the commissioner by an
applicant for a license to operate a crematory is classified as licensing data under section 13.41,
subdivision 4 .
History: 1997 c 215 s 21

149A.53 RENEWAL OF LICENSE TO OPERATE CREMATORY.
    Subdivision 1. Renewal required. All licenses to operate a crematory issued by the
commissioner expire on June 30 following the date of issuance of the license and must be
renewed to remain valid.
    Subd. 2. Renewal procedure and documentation. Licensees who wish to renew their
licenses must submit to the commissioner a completed renewal application no later than June 30
following the date the license was issued. A completed renewal application includes:
(1) a completed renewal application form, as provided by the commissioner; and
(2) proof of liability insurance coverage or other financial documentation, as determined by
the commissioner, that demonstrates the applicant's ability to respond in damages for liability
arising from the ownership, maintenance, management, or operation of a crematory.
Upon receipt of the completed renewal application, the commissioner shall review and verify
the information. Upon completion of the verification process and resolution of any deficiencies
in the renewal application information, the commissioner shall make a determination, based on
all the information available, to reissue or refuse to reissue the license. If the commissioner's
determination is to reissue the license, the applicant shall be notified and the license shall issue
and remain valid for a period prescribed on the license, but not to exceed one calendar year from
the date of issuance of the license. If the commissioner's determination is to refuse to reissue the
license, section 149A.09, subdivision 2, applies.
    Subd. 3. Penalty for late filing. Renewal applications received after the expiration date of a
license will result in the assessment of a late filing penalty. The late filing penalty must be paid
before the reissuance of the license and received by the commissioner no later than 31 calendar
days after the expiration date of the license.
    Subd. 4. Lapse of license. Licenses to operate crematories shall automatically lapse when a
completed renewal application is not received by the commissioner within 31 calendar days after
the expiration date of a license, or a late filing penalty assessed under subdivision 3 is not received
by the commissioner within 31 calendar days after the expiration of a license.
    Subd. 5. Effect of lapse of license. Upon the lapse of a license, the person to whom the
license was issued is no longer licensed to operate a crematory in Minnesota. The commissioner
shall issue a cease and desist order to prevent the lapsed license holder from operating a crematory
in Minnesota and may pursue any additional lawful remedies as justified by the case.
    Subd. 6. Restoration of lapsed license. The commissioner may restore a lapsed license upon
receipt and review of a completed renewal application, receipt of the late filing penalty, and
reinspection of the premises, provided that the receipt is made within one calendar year from the
expiration date of the lapsed license and the cease and desist order issued by the commissioner
has not been violated. If a lapsed license is not restored within one calendar year from the
expiration date of the lapsed license, the holder of the lapsed license cannot be relicensed until
the requirements in section 149A.52 are met.
    Subd. 7. Reporting changes in license information. Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later than 30
calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
    Subd. 8. Application information. All information submitted to the commissioner by an
applicant for renewal of licensure to operate a crematory is classified as licensing data under
section 13.41, subdivision 4.
History: 1997 c 215 s 22

149A.60 PROHIBITED CONDUCT.
The regulatory agency may impose disciplinary measures or take disciplinary action against
a person whose conduct is subject to regulation under this chapter for failure to comply with any
provision of this chapter or laws, rules, orders, stipulation agreements, settlements, compliance
agreements, licenses, and permits adopted, or issued for the regulation of the removal, preparation,
transportation, arrangements for disposition or final disposition of dead human bodies, or for the
regulation of the practice of mortuary science.
History: 1997 c 215 s 23; 2001 c 171 s 13

149A.61 COMPLAINTS; REPORTING OBLIGATIONS; FORM; RESPONSE.
    Subdivision 1. Permission to report. Any person, agency, political subdivision,
organization, or association that has knowledge of any conduct constituting grounds for
disciplinary action relating to licensure, licensed activities or practices, or unlicensed activities
under this chapter may report the conduct to the regulatory agency.
    Subd. 2. Institutions. A federal or state agency, political subdivision, agency of a local unit
of government, or private agency or organization located in this state or any other state in the
United States may report to the regulatory agency any conduct that is regulated under this chapter
and that might constitute grounds for disciplinary action. The agency, political subdivision,
or organization may report:
(1) any action taken to revoke, suspend, restrict, or condition a license issued by the agency,
political subdivision, or organization;
(2) any denial of privileges granted by the agency, political subdivision, or organization;
(3) the resignation of any licensee prior to the conclusion of any disciplinary action or
proceeding for conduct that might constitute grounds for disciplinary action under this chapter; or
(4) any other disciplinary action taken by the agency, political subdivision, or organization
for conduct that might constitute grounds for disciplinary action under this chapter.
    Subd. 3. Professional societies or associations. A national, regional, state, or local
professional society or association for licensees may forward to the regulatory agency any
complaint received concerning conduct or activity that is regulated under this chapter. The society
or association may report to the regulatory agency any disciplinary action taken against a member
of that society or association.
    Subd. 4. Licensees and interns. A licensee or intern regulated under this chapter may report
to the commissioner any conduct that the licensee or intern has personal knowledge of, and
reasonably believes constitutes grounds for, disciplinary action under this chapter.
    Subd. 5. Courts. The court administrator of district court or any court of competent
jurisdiction shall report to the commissioner any judgment or other determination of the court that
adjudges or includes a finding that a licensee or intern is a person who is mentally ill, mentally
incompetent, guilty of a felony or gross misdemeanor, guilty of violations of federal or state
narcotics laws or controlled substances acts; appoints a guardian or conservator for the licensee or
intern; or commits a licensee or intern.
    Subd. 6. Complaint form. Complaints or reports made under this section may be submitted
to the regulatory agency on forms provided by the regulatory agency. The regulatory agency,
where appropriate, shall provide each complainant with a written acknowledgment of the receipt
of the completed complaint form.
    Subd. 7. Information to complainant. The regulatory agency shall furnish to a complainant
a statement of the result of an investigation of the complaint and a description of the activities
and actions of the regulatory agency relating to the complaint to the extent that the statement is
consistent with section 149A.04, subdivision 5.
    Subd. 8. Classification of data. Section 149A.04, subdivision 5, applies to data submitted
to the regulatory agency under this section.
History: 1997 c 215 s 24; 2001 c 171 s 13; 2002 c 221 s 6

149A.62 IMMUNITY; REPORTING.
Any person, private agency, organization, society, association, licensee, or intern who, in
good faith, submits information to a regulatory agency under section 149A.61 or otherwise
reports violations or alleged violations of this chapter, is immune from civil liability or criminal
prosecution. This section does not prohibit disciplinary action taken by the commissioner against
any licensee or intern pursuant to a self report of a violation.
History: 1997 c 215 s 25; 2001 c 171 s 9

149A.63 PROFESSIONAL COOPERATION.
A licensee, intern, or applicant for licensure under this chapter that is the subject of an
inspection or investigation by the commissioner or the commissioner's designee shall cooperate
fully with the inspection or investigation. Failure to cooperate constitutes grounds for disciplinary
action under this chapter.
History: 1997 c 215 s 26

149A.70 BUSINESS PRACTICES.
    Subdivision 1. Use of titles. Only a person holding a valid license to practice mortuary
science issued by the commissioner may use the title of mortician, funeral director, or any other
title implying that the licensee is engaged in the business or practice of mortuary science. Only the
holder of a valid license to operate a funeral establishment issued by the commissioner may use
the title of funeral home, funeral chapel, or any other title, word, or term implying that the licensee
is engaged in the business or practice of mortuary science. Only the holder of a valid license to
operate a crematory issued by the commissioner may use the title of crematory, crematorium, or
any other title, word, or term implying that the licensee operates a crematory or crematorium.
    Subd. 2. Business location. A funeral establishment or crematory shall not do business in
a location that is not licensed as a funeral establishment or crematory and shall not advertise a
service that is available from an unlicensed location.
    Subd. 3. Advertising. No licensee or intern shall publish or disseminate false, misleading, or
deceptive advertising. False, misleading, or deceptive advertising includes, but is not limited to:
(1) identifying, by using the names or pictures of, persons who are not licensed to practice
mortuary science in a way that leads the public to believe that those persons will provide
mortuary science services;
(2) using any name other than the names under which the funeral establishment or crematory
is known to or licensed by the commissioner;
(3) using a surname not directly, actively, or presently associated with a licensed funeral
establishment or crematory, unless the surname had been previously and continuously used by the
licensed funeral establishment or crematory; and
(4) using a founding or establishing date or total years of service not directly or continuously
related to a name under which the funeral establishment or crematory is currently or was
previously licensed.
Any advertising or other printed material that contains the names or pictures of persons
affiliated with a funeral establishment or crematory shall state the position held by the persons and
shall identify each person who is licensed or unlicensed under this chapter.
    Subd. 4. Solicitation of business. No licensee shall directly or indirectly pay or cause to
be paid any sum of money or other valuable consideration for the securing of business or for
obtaining the authority to dispose of any dead human body.
For purposes of this subdivision, licensee includes a registered intern or any agent,
representative, employee, or person acting on behalf of the licensee.
    Subd. 5. Reimbursement prohibited. No licensee or intern shall offer, solicit, or accept a
commission, fee, bonus, rebate, or other reimbursement in consideration for recommending or
causing a dead human body to be disposed of in specific crematory, mausoleum, or cemetery.
    Subd. 5a. Solicitations prohibited in certain situations. No funeral provider may directly
or indirectly:
(1) call upon an individual at a grave site, in a hospital, nursing home, hospice, or similar
institution or facility, or at a visitation, wake, or reviewal for the purpose of soliciting the sale
of funeral goods, funeral services, burial site goods, or burial site services or for the purpose of
making arrangements for a funeral or the final disposition of a dead human body, without a
specific request for solicitation from that individual;
(2) solicit the sale of funeral goods, funeral services, burial site goods, or burial site services
from an individual whose impending death is readily apparent, without a specific request for
solicitation from that individual; or
(3) engage in telephone solicitation of an individual who has the right to control the final
disposition of a dead human body within ten days after the death of the individual whose body is
being disposed, without a specific request for solicitation from that individual.
This subdivision does not apply to communications between an individual and a funeral
provider who is related to the individual by blood, adoption, or marriage.
    Subd. 6. Use of unlicensed personnel; interns; and practicum students. Except as
otherwise provided in this chapter, a licensed funeral establishment may employ unlicensed
personnel to perform the duties of a funeral director or mortician so long as the unlicensed
personnel act under the direct supervision of an individual holding a current license to practice
mortuary science in Minnesota and all applicable provisions of this chapter are followed. It is the
duty of the licensees, individual or establishment, to provide proper training for all unlicensed
personnel, and the licensees shall be strictly accountable for compliance with this chapter. This
subdivision does not apply to registered interns who are under the direct and exclusive supervision
of a registered licensee or a student duly 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. 7. Unprofessional conduct. No licensee or intern shall engage in or permit others
under the licensee's or intern's supervision or employment to engage in unprofessional conduct.
Unprofessional conduct includes, but is not limited to:
(1) harassing, abusing, or intimidating a customer, employee, or any other person
encountered while within the scope of practice, employment, or business;
(2) using profane, indecent, or obscene language within the immediate hearing of the family
or relatives of the deceased;
(3) failure to treat with dignity and respect the body of the deceased, any member of the
family or relatives of the deceased, any employee, or any other person encountered while within
the scope of practice, employment, or business;
(4) the habitual overindulgence in the use of or dependence on intoxicating liquors,
prescription drugs, over-the-counter drugs, illegal drugs, or any other mood altering substances
that substantially impair a person's work-related judgment or performance;
(5) revealing personally identifiable facts, data, or information about a decedent, customer,
member of the decedent's family, or employee acquired in the practice or business without the
prior consent of the individual, except as authorized by law;
(6) intentionally misleading or deceiving any customer in the sale of any goods or services
provided by the licensee;
(7) knowingly making a false statement in the procuring, preparation, or filing of any
required permit; or
(8) knowingly making a false statement on a record of death.
    Subd. 8. Disclosure of ownership. All funeral establishments and funeral providers must
clearly state by whom they are owned in all business literature, correspondence, and contracts.
    Subd. 9. Disclosure of change of ownership. (a) Within 15 days of a change in ownership
of a funeral establishment or funeral provider, the funeral establishment or funeral provider shall
notify all preneed consumers by first class mail of the change in ownership. The notification shall
advise the preneed consumers of their right to transfer all preneed trust funds to a new funeral
provider and shall advise all preneed consumers who have revocable preneed trusts of their right
to terminate the trust and receive a refund of all principal paid into the trust, plus interest accrued.
(b) For purposes of this subdivision:
(1) "change in ownership" means:
(i) the sale or transfer of all or substantially all of the assets of a funeral establishment
or funeral provider;
(ii) the sale or transfer of a controlling interest of a funeral establishment or funeral provider;
or
(iii) the termination of the business of a funeral establishment or funeral provider where there
is no transfer of assets or stock; and
(2) "controlling interest" means:
(i) an interest in a partnership of greater than 50 percent; or
(ii) greater than 50 percent of the issued and outstanding shares of a stock of a corporation.
History: 1997 c 215 s 27; 2000 c 438 s 9-11; 1Sp2001 c 9 art 15 s 32

149A.71 FUNERAL INDUSTRY PRACTICES; PRICE DISCLOSURES.
    Subdivision 1. Unfair or deceptive acts or practices. In selling or offering to sell funeral
goods, funeral services, burial site goods, or burial site services to the public, it is an unfair
or deceptive act or practice for a funeral provider to fail to furnish accurate price information
disclosing the cost to the purchaser for each of the specific funeral goods, funeral services,
burial site goods, or burial site services used in connection with the disposition of dead human
bodies to persons inquiring about the purchase of funerals. Any funeral provider who complies
with the preventive requirements in subdivision 2 is not engaged in the unfair or deceptive acts
or practices defined in this section.
    Subd. 2. Preventive requirements. (a) To prevent unfair or deceptive acts or practices, the
requirements of this subdivision must be met.
(b) Funeral providers must tell persons who ask by telephone about the funeral provider's
offerings or prices any accurate information from the price lists described in paragraphs (c) to (e)
and any other readily available information that reasonably answers the questions asked.
(c) Funeral providers must make available for viewing to people who inquire in person about
the offerings or prices of funeral goods or burial site goods, separate printed or typewritten price
lists. Each funeral provider must have a separate price list for each of the following types of
goods that are sold or offered for sale:
(1) caskets;
(2) alternative containers;
(3) outer burial containers;
(4) cremation containers and cremated remains containers;
(5) markers; and
(6) headstones.
(d) Each separate price list must contain the name of the funeral provider's place of business
and a caption describing the list as a price list for one of the types of funeral goods or burial site
goods described in paragraph (c), clauses (1) to (6). The funeral provider must offer the list upon
beginning discussion of, but in any event before showing, the specific funeral goods or burial site
goods and must provide a photocopy of the price list, for retention, if so asked by the consumer.
The list must contain, at least, the retail prices of all the specific funeral goods and burial site
goods offered which do not require special ordering, enough information to identify each, and the
effective date for the price list. In lieu of a written price list, other formats, such as notebooks,
brochures, or charts may be used if they contain the same information as would the printed or
typewritten list, and display it in a clear and conspicuous manner. However, funeral providers are
not required to make a specific price list available if the funeral providers place the information
required by this paragraph on the general price list described in paragraph (e).
(e) Funeral providers must give a printed or typewritten price list, for retention, to persons
who inquire in person about the funeral goods, funeral services, burial site goods, or burial site
services or prices offered by the funeral provider. The funeral provider must give the list upon
beginning discussion of either the prices of or the overall type of funeral service or disposition
or specific funeral goods, funeral services, burial site goods, or burial site services offered
by the provider. This requirement applies whether the discussion takes place in the funeral
establishment or elsewhere. However, when the deceased is removed for transportation to the
funeral establishment, an in-person request for authorization to embalm does not, by itself, trigger
the requirement to offer the general price list. If the provider, in making an in-person request for
authorization to embalm, discloses that embalming is not required by law except in certain special
cases, the provider is not required to offer the general price list. Any other discussion during that
time about prices or the selection of funeral goods, funeral services, burial site goods, or burial
site services triggers the requirement to give the consumer a general price list. The general price
list must contain the following information:
(1) the name, address, and telephone number of the funeral provider's place of business;
(2) a caption describing the list as a "general price list";
(3) the effective date for the price list;
(4) the retail prices, in any order, expressed either as a flat fee or as the prices per hour, mile,
or other unit of computation, and other information described as follows:
(i) forwarding of remains to another funeral establishment, together with a list of the services
provided for any quoted price;
(ii) receiving remains from another funeral establishment, together with a list of the services
provided for any quoted price;
(iii) separate prices for each cremation offered by the funeral provider, with the price
including an alternative or cremation container, any crematory charges, and a description of the
services and container included in the price, where applicable, and the price of cremation where
the purchaser provides the container;
(iv) separate prices for each immediate burial offered by the funeral provider, including a
casket or alternative container, and a description of the services and container included in that
price, and the price of immediate burial where the purchaser provides the casket or alternative
container;
(v) transfer of remains to the funeral establishment;
(vi) embalming;
(vii) other preparation of the body;
(viii) use of facilities, equipment, or staff for viewing;
(ix) use of facilities, equipment, or staff for funeral ceremony;
(x) use of facilities, equipment, or staff for memorial service;
(xi) use of equipment or staff for graveside service;
(xii) hearse or funeral coach;
(xiii) limousine; and
(xiv) separate prices for all cemetery-specific goods and services, including all goods and
services associated with interment and burial site goods and services and excluding markers
and headstones;
(5) the price range for the caskets offered by the funeral provider, together with the statement
"A complete price list will be provided at the funeral establishment or casket sale location." or the
prices of individual caskets, as disclosed in the manner described in paragraphs (c) and (d);
(6) the price range for the alternative containers offered by the funeral provider, together with
the statement "A complete price list will be provided at the funeral establishment or alternative
container sale location." or the prices of individual alternative containers, as disclosed in the
manner described in paragraphs (c) and (d);
(7) the price range for the outer burial containers offered by the funeral provider, together
with the statement "A complete price list will be provided at the funeral establishment or outer
burial container sale location." or the prices of individual outer burial containers, as disclosed in
the manner described in paragraphs (c) and (d);
(8) the price range for the cremation containers and cremated remains containers offered
by the funeral provider, together with the statement "A complete price list will be provided
at the funeral establishment or cremation container sale location." or the prices of individual
cremation containers and cremated remains containers, as disclosed in the manner described
in paragraphs (c) and (d);
(9) the price for the basic services of funeral provider and staff, together with a list of the
principal basic services provided for any quoted price and, if the charge cannot be declined by
the purchaser, the statement "This fee for our basic services will be added to the total cost of the
funeral arrangements you select. (This fee is already included in our charges for direct cremations,
immediate burials, and forwarding or receiving remains.)" If the charge cannot be declined by
the purchaser, the quoted price shall include all charges for the recovery of unallocated funeral
provider overhead, and funeral providers may include in the required disclosure the phrase
"and overhead" after the word "services." This services fee is the only funeral provider fee for
services, facilities, or unallocated overhead permitted by this subdivision to be nondeclinable,
unless otherwise required by law;
(10) if the price for basic services, as described in clause (9), is not applicable, the statement
"Please note that a fee for the use of our basic services is included in the price of our caskets. Our
services include (specify services provided)." The fee shall include all charges for the recovery
of unallocated funeral provider overhead, and funeral providers may include in the required
disclosure the phrase "and overhead" after the word "services." The statement must be placed
on the general price list, together with the casket price range or the prices of individual caskets.
This services fee is the only funeral provider fee for services, facilities, or unallocated overhead
permitted by this subdivision to be nondeclinable, unless otherwise required by law; and
(11) the price range for the markers and headstones offered by the funeral provider, together
with the statement "A complete price list will be provided at the funeral establishment or marker
or headstone sale location." or the prices of individual markers and headstones, as disclosed in the
manner described in paragraphs (c) and (d).
(f) Funeral providers must give an itemized written statement, for retention, to each consumer
who arranges a funeral or other disposition of human remains at the conclusion of the discussion
of the arrangements. The itemized written statement must be signed by the consumer selecting the
goods and services. If the statement is provided at a funeral establishment, the statement must be
signed by the licensed funeral director or mortician planning the arrangements. If the statement
is provided by any other funeral provider, the statement must be signed by an authorized agent
of the funeral provider. The statement must list the funeral goods, funeral services, burial site
goods, or burial site services selected by that consumer and the prices to be paid for each item,
specifically itemized cash advance items (these prices must be given to the extent then known
or reasonably ascertainable if the prices are not known or reasonably ascertainable, a good faith
estimate shall be given and a written statement of the actual charges shall be provided before the
final bill is paid), and the total cost of goods and services selected. The information required by
this paragraph may be included on any contract, statement, or other document which the funeral
provider would otherwise provide at the conclusion of discussion of arrangements.
(g) Funeral providers must give any other price information, in any other format, in addition
to that required by paragraphs (c) to (e) so long as the written statement required by paragraph
(f) is given when required.
(h) Upon receiving actual notice of the death of an individual with whom a funeral provider
has entered a preneed funeral agreement, the funeral provider must provide a copy of all preneed
funeral agreement documents to the person who controls final disposition of the human remains or
to the designee of the person controlling disposition. The person controlling disposition shall be
provided with these documents at the time of the person's first contact with the funeral provider, if
the first contact occurs in person at a funeral establishment, crematory, or other place of business
of the funeral provider. If the contact occurs by other means or at another location, the documents
must be provided within 24 hours of the first contact.
    Subd. 3. Prices displayed. Any funeral provider who sells or offers to sell funeral goods or
burial site goods to the public shall, at all times, display the retail price of all displayed funeral
goods or burial site goods in a conspicuous place on the goods. "Conspicuous place" means
a place where any consumer viewing the funeral goods or burial site goods would be able to
see and read the price and reasonably understand that the price seen is the price of the funeral
goods or burial site goods viewed. Displayed funeral goods or burial site goods are those goods
that the funeral provider regularly maintains in inventory and makes available for viewing and
purchase by the consumer.
    Subd. 4. Casket, alternate container, and cremation container sales; records; required
disclosures. Any funeral provider who sells or offers to sell a casket, alternate container, or
cremation container to the public must maintain a record of each sale that includes the name of the
purchaser, the purchaser's mailing address, the name of the decedent, the date of the decedent's
death, and the place of death. These records shall be open to inspection by the regulatory agency
and reported to the commissioner. Any funeral provider selling a casket, alternate container, or
cremation container to the public, and not having charge of the final disposition of the dead human
body, shall enclose within the casket, alternate container, or cremation container information
provided by the commissioner that includes a blank record of death, and a copy of the statutes
and rules controlling the removal, preparation, transportation, arrangements for disposition, and
final disposition of a dead human body. This subdivision does not apply to morticians, funeral
directors, funeral establishments, crematories, or wholesale distributors of caskets, alternate
containers, or cremation containers.
History: 1997 c 215 s 28; 2000 c 438 s 12-15; 2001 c 171 s 10; 1Sp2001 c 9 art 15 s 32

149A.72 FUNERAL INDUSTRY PRACTICES; MISREPRESENTATIONS.
    Subdivision 1. Embalming provisions; 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 a funeral
provider to represent that state or local law requires that a dead human body be embalmed when
that is not the case or to fail to disclose that embalming is not required by law except in certain
cases.
    Subd. 2. Embalming provisions; preventive requirements. To prevent deceptive acts
or practices, a funeral provider must not represent that a dead human body is required to be
embalmed for direct cremation, immediate burial, or a closed casket funeral without viewing or
visitation, when refrigeration is available and when not required by law. The funeral provider
must also place the following disclosure on the general price list, described in section 149A.71,
subdivision 2 , paragraph (e), in immediate conjunction with the price shown for embalming:
"Except in certain cases, embalming is not required by law. Embalming may be necessary,
however, if you select certain funeral arrangements, such as a funeral with viewing. If you do
not want embalming, you usually have the right to choose an arrangement that does not require
you to pay for it, such as direct cremation or immediate burial."
    Subd. 3. Casket for cremation provisions; 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
a funeral provider to represent that a casket is required for cremations by state or local law or
otherwise.
    Subd. 4. Casket for cremation provision; preventive measures. To prevent deceptive acts
or practices, funeral providers must place the following disclosure in immediate conjunction with
the prices shown for cremations: "If you want to arrange a cremation, you can use a cremation
container. A cremation container is a combustible, closed container resistant to the leakage of
bodily fluids, that encases the body and can be made of materials like fiberboard or composition
materials (with or without an outside covering). The containers we provide are (specify containers
provided)." This disclosure is required only if the funeral provider arranges direct cremations.
    Subd. 5. Rental caskets; deceptive acts or practices. In selling or offering to sell funeral
goods, funeral services, burial site goods, or burial site services to the public, it is a deceptive
act or practice for a funeral provider to fail to disclose that a casket has been used in a previous
funeral ceremony when that is the case.
    Subd. 6. Rental caskets; preventive measures. To prevent deceptive acts or practices,
funeral providers must place the following disclosure in immediate conjunction with the prices
shown for funeral goods or funeral services where a casket may be rented rather than purchased:
"If you choose a funeral service where a rental casket is provided, the casket used for the funeral
service may have been used in a previous funeral service. If the casket has been used in a previous
funeral service, the interior lining has either been replaced or thoroughly cleaned."
    Subd. 7. Outer burial container provisions; deceptive acts or practices. In selling or
offering to sell funeral goods, funeral services, burial site goods, or burial site services to the
public, it is a deceptive act or practice for a funeral provider to represent that state or local laws or
regulations, or particular cemeteries, require outer burial containers when that is not the case or to
fail to disclose to consumers arranging funerals that state law or local law does not require the
purchase of an outer burial container.
    Subd. 8. Outer burial container provisions; preventive requirements. To prevent
deceptive acts or practices, funeral providers must place the following disclosure on the outer
burial container price list, described in section 149A.71, subdivision 2, paragraph (c), or, if the
prices of outer burial containers are listed on the general price list, described in section 149A.71,
subdivision 2 , paragraph (e), in immediate conjunction with those prices: "In most areas of the
country, state or local law does not require that you buy a container to surround the casket in the
grave. However, many cemeteries require that you have such a container so that the grave will not
sink in. Either a grave liner or a burial vault will satisfy these requirements."
    Subd. 9. Deceptive acts or practices. In selling or offering to sell funeral goods, funeral
services, burial site goods, or burial site services to the public, it is a deceptive act or practice
for a funeral provider to represent that federal, state, or local laws, or particular cemeteries or
crematories, require the purchase of any funeral goods, funeral services, burial site goods, or
burial site services when that is not the case.
    Subd. 10. Preventive requirements. To prevent deceptive acts or practices, funeral providers
must identify and briefly describe in writing on the statement of funeral goods, funeral services,
burial site goods, and burial site services selected, as described in section 149A.71, subdivision 2,
paragraph (f), any legal, cemetery, or crematory requirement which the funeral provider represents
to consumers as compelling the purchase of funeral goods, funeral services, burial site goods, or
burial site services for the funeral which that consumer is arranging.
    Subd. 11. Claims on preservation; deceptive acts or practices. In selling or offering
to sell funeral goods, funeral services, burial site goods, or burial site services to the public,
it is a deceptive act or practice for a funeral provider to represent that funeral goods, funeral
services, burial site goods, or burial site services will delay the natural decomposition of human
remains for a long term or indefinite time or to represent that funeral goods or burial site goods
have protective features, beyond a lid sealing casket, or will protect the body from grave site
substances, when that is not the case.
    Subd. 12. Cash advance provisions; deceptive acts or practices. In selling or offering to
sell funeral goods, funeral services, burial site goods, or burial site services to the public, it is
a deceptive act or practice for a funeral provider to represent that the price charged for a cash
advance item is the same as the cost to the funeral provider for the item when that is not the case
or to fail to disclose to the consumer arranging the funeral that the price charged for a cash
advance item is not the same as the cost to the funeral provider when that is not the case.
    Subd. 13. Cash advance provisions; preventive requirements. To prevent deceptive acts
or practices, funeral providers must place the following sentence in the itemized statement of
funeral goods, funeral services, burial site goods, and burial site services selected, in immediate
conjunction with the list of itemized cash advance items required by section 149A.71, subdivision
2 , paragraph (f): "We charge you for our services in obtaining (specify cash advance items
provided).", if the funeral provider makes a charge upon, or receives and retains a rebate,
commission, or trade or volume discount upon a cash advance item.
History: 1997 c 215 s 29; 2000 c 438 s 16-23

149A.73 FUNERAL INDUSTRY PRACTICES, GOODS, OR SERVICES.
    Subdivision 1. Casket for cremation provisions; deceptive acts or practices. In selling
or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the
public, it is a deceptive act or practice for a funeral provider to require that a casket be purchased
for cremation.
    Subd. 2. Casket for cremation; preventive requirements. To prevent unfair or deceptive
acts or practices, if funeral providers arrange cremations, they must make a cremation container
available for cremations.
    Subd. 3. Required purchases of funeral goods or services; deceptive acts or practices.
(a) In selling or offering to sell funeral goods, funeral services, burial site goods, or burial
site services to the public, it is a deceptive act or practice for a funeral provider to condition
the furnishing of any funeral good, funeral service, burial site good, or burial site service to a
consumer arranging a funeral upon the purchase of any other funeral good, funeral service, burial
site good, or burial site service, except as may be otherwise required by law or to charge any fee
as a condition to furnishing any funeral goods, funeral services, burial site goods, or burial site
services to a consumer arranging a funeral, other than the fees for services of funeral director and
staff, other funeral services, funeral goods, burial site goods, and burial site services selected by
the purchaser, and other funeral goods, funeral services, burial site goods, or burial site services
required to be purchased, as explained on the itemized statement in accordance with section
149A.72, subdivision 10.
(b) In selling or offering to sell funeral goods, funeral services, burial site goods, or burial
site services to the public, it is a deceptive act or practice for a funeral provider to charge an
increased price for the handling, placing, or setting of a funeral good or burial site good based
upon the fact that the good was not purchased from that funeral provider.
    Subd. 4. Required purchases of funeral goods or services; preventive requirements. To
prevent unfair or deceptive acts or practices, funeral providers must place the following disclosure
in the general price list, immediately above the prices required by section 149A.71, subdivision 2,
paragraph (e), clauses (4) to (10): "The goods and services shown below are those we can provide
to our customers. You may choose only the items you desire. If legal or other requirements mean
that you must buy any items you did not specifically ask for, we will explain the reason in writing
on the statement we provide describing the funeral goods, funeral services, burial site goods, and
burial site services you selected." However, if the charge for "services of funeral director and
staff" cannot be declined by the purchaser, the statement shall include the sentence "However,
any funeral arrangements you select will include a charge for our basic services." between the
second and third sentences of the sentences specified in this subdivision. The statement may
include the phrase "and overhead" after the word "services" if the fee includes a charge for the
recovery of unallocated funeral overhead. If the funeral provider does not include this disclosure
statement, then the following disclosure statement must be placed in the statement of funeral
goods, funeral services, burial site goods, and burial site services selected, as described in section
149A.71, subdivision 2, paragraph (f): "Charges are only for those items that you selected or that
are required. If we are required by law or by a cemetery or crematory to use any items, we will
explain the reasons in writing below." A funeral provider is not in violation of this subdivision
by failing to comply with a request for a combination of goods or services which would be
impossible, impractical, or excessively burdensome to provide.
    Subd. 5. Rental of funeral goods. It is a deceptive act or practice for a funeral provider to
require as a condition of providing any funeral good or burial site good that the funeral good or
burial site good be purchased by a consumer when rental of the good is practicable.
History: 1997 c 215 s 30; 2000 c 438 s 24-27

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

149A.745 PROHIBITION ON PREINTERMENT OF OUTER BURIAL CONTAINERS.
A funeral provider is prohibited from interring a lined and sealed outer burial container until
the death of the beneficiary.
History: 2000 c 438 s 28

149A.75 FUNERAL INDUSTRY PRACTICES; RETENTION OF DOCUMENTS.
Funeral providers must retain and make available for inspection true and accurate copies of
the applicable price lists specified in section 149A.71, subdivision 2, paragraphs (c) to (e), for a
minimum of one calendar year after the date of their last distribution to customers. In addition,
funeral providers must retain a copy of each statement of funeral goods, funeral services, burial
site goods, and burial site services selected, as described in section 149A.71, subdivision 2,
paragraph (f), for a minimum of three calendar years from the date of the arrangement conference.
Following this period and subject to any other laws requiring retention of records, the funeral
provider 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 arrangement conference. At
the end of this period and subject to any other laws requiring retention of records, the funeral
provider may destroy the records by shredding, incineration, or any other manner that protects the
privacy of the individuals identified in the records.
History: 1997 c 215 s 32; 2000 c 438 s 29

149A.76 FUNERAL INDUSTRY PRACTICES; COMPREHENSION OF DISCLOSURES.
Funeral providers must make all disclosures required under sections 149A.71 to 149A.74
in a clear and conspicuous manner.
History: 1997 c 215 s 33

149A.80 DEATH; RIGHT TO CONTROL AND DUTY OF DISPOSITION.
    Subdivision 1. Advance directives and will of decedent. A person may direct the
preparation for, type, or place of that person's final disposition, either by oral or written
instructions. The person or persons otherwise entitled to control the final disposition under this
chapter shall faithfully carry out the reasonable and otherwise lawful directions of the decedent to
the extent that the decedent has provided resources for the purpose of carrying out the directions.
If the instructions are contained in a will, they shall be immediately carried out, regardless of
the validity of the will in other respects or of the fact that the will may not be offered for or
admitted to probate until a later date, subject to other provisions of this chapter or any other law
of this state. This subdivision shall be administered and construed so that the reasonable and
lawful instructions of the decedent or the person entitled to control the final disposition shall be
faithfully and promptly performed.
    Subd. 2. Determination of right to control and duty of disposition. The right to control
the disposition of the remains of a deceased person, including the location and conditions of final
disposition, unless other directions have been given by the decedent pursuant to subdivision 1,
vests in, and the duty of final disposition of the body devolves upon, the following in the order
named:
(1) the person appointed in a dated written instrument signed by the decedent. Written
instrument includes, but is not limited to, a health care directive executed under chapter 145C.
Written instrument does not include a durable or nondurable power of attorney which terminates
on the death of the principal pursuant to sections 523.08 and 523.09;
(2) the surviving, legally recognized spouse;
(3) the surviving biological or adopted child or children of the decedent over the age of
majority, provided that, in the absence of actual knowledge to the contrary, a funeral director or
mortician may rely on instructions given by the child or children who represent that they are the
sole surviving child, or that they constitute a majority of the surviving children;
(4) the surviving parent or parents of the decedent;
(5) the surviving biological or adopted sibling or siblings of the decedent over the age of
majority, provided that, in the absence of actual knowledge to the contrary, a funeral director or
mortician may rely on instructions given by the sibling or siblings who represent that they are the
sole surviving sibling, or that they constitute a majority of the surviving siblings;
(6) the person or persons respectively in the next degree of kinship in the order named by
law to inherit the estate of the decedent; and
(7) the appropriate public or court authority, as required by law.
For purposes of this subdivision, the appropriate public or court authority includes the county
board of the county in which the death occurred if the person dies without apparent financial means
to provide for final disposition or the district court in the county in which the death occurred.
    Subd. 3. Estranged persons. Where there is only one person in a degree of relationship
to the decedent described in subdivision 2, clauses (1) to (6), and a district court pursuant to
subdivision 5, determines that the person and the decedent were estranged at the time of death, the
right to control and the duty of disposition shall devolve to the person or persons in the next degree
of relationship pursuant to subdivision 2, clauses (1) to (6). For purposes of this subdivision,
"estranged" means having a relationship characterized by mutual enmity, hostility, or indifference.
    Subd. 4. Refusal of right to control and duty of disposition. If a person or persons to whom
the right to control and duty of disposition devolve pursuant to subdivision 2, clauses (1) to (6),
refuses to accept or declines to act upon the right or duty, that right and duty shall pass as follows:
(1) to another person or persons with the same degree of relationship to the decedent as the
person or persons refusing to accept or declining to act; or
(2) to the person or persons in the next degree of relationship to the decedent pursuant
to subdivision 2, clauses (1) to (6).
    Subd. 5. Disputes. When a dispute exists regarding the right to control or duty of disposition,
the parties in dispute or the mortician or funeral director may file a petition in the district court
in the county of residence of the decedent requesting that the court make a determination in the
matter. Should the right to control and duty of disposition devolve to more than one person with
the same degree of relationship to the decedent and those persons cannot, by majority vote, make
a decision regarding arrangements and final disposition and a district court has been petitioned to
make a determination, the court shall consider the following factors in making its determination:
(1) the reasonableness, practicality, and resources available for payment of the proposed
arrangements and final disposition;
(2) the degree of the personal relationship between the decedent and each of the persons in
the same degree of relationship to the decedent;
(3) the expressed wishes and directions of the decedent and the extent to which the decedent
has provided resources for the purpose of carrying out the wishes or directions; and
(4) the degree to which the arrangements and final disposition will allow for participation by
all who wish to pay respect to the decedent.
    Subd. 6. Control by funeral director or mortician. A funeral director or mortician shall
have complete authority to control the final disposition and to proceed under this chapter to
recover reasonable charges for the final disposition when both of the following apply:
(1) the funeral director or mortician has actual knowledge that none of the persons described
in subdivision 2, clauses (1) to (6), exist or that none of the persons so described can be found
after reasonable inquiry or contacted by reasonable means; and
(2) the appropriate public or court authority fails to assume responsibility for disposition of
the remains within 36 hours after having been given written notice of the facts. Written notice
may be delivered by hand, United States mail, facsimile transmission, or telegraph.
    Subd. 7. Immunity. A funeral director or mortician shall not be subject to criminal
prosecution or civil liability for carrying out the otherwise lawful instructions of the decedent or
the person or persons whom the funeral director or mortician reasonably believes is entitled to
control the final disposition.
    Subd. 8. Liability for cost of final disposition. In addition to separate contractual
obligations, the liability for the reasonable cost of final disposition devolves upon the estate of the
decedent, regardless of whether testate or intestate, and the distributees of the estate pursuant to
chapter 524, the Uniform Probate Code. In the case of persons who die without apparent financial
means to provide for final disposition, control of final disposition and liability devolves to the
county board of the county in which the death occurred, pursuant to section 261.035. In the case
of unclaimed bodies delivered for dissection pursuant to section 525.9213 and anatomical gifts of
the entire body made pursuant to section 149A.81, subdivision 2, subject to the terms of the gift,
liability for transportation and final disposition shall be borne by the institution receiving the body.
    Subd. 9. Interference with body or final disposition. Any person that arrests, attaches,
detains, or claims to detain any human remains for any debt or demand, or upon any pretended
lien or charge, or who, without authority of law, obstructs or detains a person charged with the
duty or engaged in the final disposition of a dead human body, or fails to release any dead human
body upon the receipt of authorization for the release signed by a person or persons entitled to
custody of the body is guilty of a misdemeanor. Criminal prosecution shall not preclude the
commissioner from taking any other lawful disciplinary action.
History: 1997 c 215 s 34; 1998 c 399 s 27

149A.81 ANATOMICAL GIFTS.
    Subdivision 1. Duty of disposition; gift of part of a body. This chapter does not apply to or
interfere with the making of an anatomical gift under sections 525.921 to 525.9224, except as
provided in this subdivision.
When the anatomical gift is of a part of a body, after procurement of the gift organ or organs,
custody of the remainder of the body vests in the person or persons under legal obligation to
dispose of the body under section 149A.80. Once an anatomical gift has been made and custody
of the body has passed from the donee to the person or persons lawfully entitled or obligated to
dispose of the body, the provisions of this chapter apply.
    Subd. 2. Duty of disposition; gift of whole body. When the gift is of the whole body, after it
has served the purpose of the gift, subject to the terms of the gift, the body shall be decently buried
in a public or private cemetery or cremated and disposed of in any lawful manner and the expense
of transporting and burying or cremating the body shall be borne by the donee of the body. Where
the donee allows embalming of the body and a funeral service prior to delivery of the body for gift
purposes, this chapter applies until the body is delivered to the donee pursuant to the gift. Where
the donee takes immediate delivery of the body pursuant to the gift, the donee must complete and
file the death record. If the donee does not accept the gift of the body, the right to control, duty of
disposition, and liability for disposition shall be in accordance with section 149A.80.
History: 1997 c 215 s 35; 1Sp2001 c 9 art 15 s 32

149A.90 DEATH; REGISTRATION AND REMOVAL FROM PLACE OF DEATH.
    Subdivision 1. Death record. (a) Except as provided in this section, a death record must be
completed and filed for every known death by the mortician, funeral director, or other person
lawfully in charge of the disposition of the body.
(b) If the body is that of an individual whose identity is unknown, the person in charge of the
disposition of the body must notify the commissioner for purposes of compliance with section
144.05, subdivision 4.
    Subd. 2. Removal from place of death. No person subject to regulation under this chapter
shall remove or cause to be removed any dead human body from the place of death without being
licensed by the commissioner. Every dead human body shall be removed from the place of death
by a licensed mortician or funeral director, except as provided in section 149A.01, subdivision 3.
    Subd. 3. Referrals to coroner or medical examiner. The mortician, funeral director, or
other person lawfully in charge of the disposition of the body shall notify the coroner or medical
examiner before moving a body from the site of death in any case:
(1) where the person is unable to obtain firm assurance from the physician in attendance
that the medical certification will be signed;
(2) when circumstances suggest that the death was caused by other than natural causes;
(3) where deaths occur under mysterious or unusual circumstances;
(4) where there is a violent death, whether homicidal, suicidal, or accidental, including but
not limited to: thermal, chemical, electrical, or radiational injury; and deaths due to criminal
abortion, whether self-induced or not;
(5) where the body is to be disposed of in some manner which prevents later examination,
including but not limited to, cremation, dissection, or burial at sea; or
(6) when the decedent was an inmate of a public institution who was not hospitalized for
organic disease.
    Subd. 4. Documentation of removal. No dead human body shall be removed from the place
of death by a mortician or funeral director without the completion of a removal certification and,
where possible, presentation of a copy of that certification to the person or a representative of the
legal entity with physical or legal custody of the body at the death site. The removal certification
may be on a form provided by the commissioner or on any other form that contains, at least,
the following information:
(1) the name of the deceased, if known;
(2) the date and time of removal;
(3) a brief listing of the type and condition of any personal property removed with the body;
(4) the location to which the body is being taken;
(5) the name, business address, and license number of the individual making the removal; and
(6) the signatures of the individual making the removal and, where possible, the individual or
representative of the legal entity with physical or legal custody of the body at the death site.
    Subd. 5. Retention of documentation of removal. A copy of the removal certification shall
be given, where possible, to the person or representative of the legal entity having physical or
legal custody of the body at the death site. The original removal certification shall be retained
by the individual making the removal and shall be kept on file, at the funeral establishment or
crematory to which the body was taken, for a period of three calendar years following the date of
the removal. Following this period, and subject to any other laws requiring retention of records,
the funeral establishment or crematory 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 or crematory may destroy the records by shredding, incineration, or any
other manner that protects the privacy of the individuals identified in the records.
    Subd. 6. Removal procedure. Every individual removing a dead human body from the place
of death shall use universal precautions and otherwise exercise all reasonable precautions to
minimize the risk of transmitting any communicable disease from the body. Before removal, 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. Any dead human body measuring 36 inches or less in length
may be removed after having been properly wrapped, covered, and encased, but does not need to
be placed on an ambulance cot or aircraft ambulance stretcher.
    Subd. 7. Conveyances permitted for removal. A dead human body may be transported
from the place of death by any vehicle 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 an ambulance cot or aircraft ambulance
stretcher in a horizontal position;
(4) is so designed to permit loading and unloading of the body without excessive tilting
of the cot or stretcher; 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. A dead human body measuring 36 inches or less
in length may be transported from the place of death by passenger automobile. For purposes of
this subdivision, a passenger automobile is a vehicle designed and used for carrying not more
than ten persons, but excludes motorcycles and motor scooters.
    Subd. 8. Proper holding facility required. The funeral establishment or crematory to which
a dead human body is taken shall have an appropriate holding facility for storing the body while
awaiting final disposition. The holding facility must be secure from access by anyone except
the authorized personnel of the funeral establishment or crematory, preserve the dignity of the
remains, and protect the health and safety of the funeral establishment or crematory personnel.
History: 1997 c 215 s 36; 1Sp2001 c 9 art 15 s 32; 2002 c 375 art 3 s 9

149A.91 PREPARATION OF BODY.
    Subdivision 1. Universal precautions. In handling and preparing dead human bodies for
final disposition, any person who comes in direct contact with an unembalmed dead human body
or who enters a room where dead human bodies are embalmed, shall use universal precautions
and otherwise exercise all reasonable precautions to minimize the risk of transmitting any
communicable disease from the body. All persons present in a preparation and embalming
room while a body is being prepared for final disposition must be attired in accordance with
all applicable state and federal regulations regarding the control of infectious disease and
occupational and workplace health and safety.
    Subd. 2. Preparation procedures; access to preparation room. The preparation of a dead
human body for final disposition shall be performed in privacy. No person shall be permitted to
be present in the preparation room while a dead human body is being embalmed, washed, or
otherwise prepared for final disposition, except:
(1) licensed morticians or funeral directors and their authorized agents and employees;
(2) registered interns or students as described in subdivision 6;
(3) public officials or representatives in the discharge of their official duties;
(4) licensed medical personnel; and
(5) members of the immediate family of the deceased, their designated representatives, and
any person receiving written authorization to be present. The written authorization must be dated
and signed by the person with legal right to control the disposition and must be presented to the
mortician or intern or practicum student who will be performing the procedure. The written
authorization shall become part of the required records pursuant to subdivision 10.
    Subd. 3. Embalming required. A dead human body must be embalmed by a licensed
mortician in the following circumstances:
(1) if the body will be transported by public transportation;
(2) if final disposition will not be accomplished within 72 hours after death or release of the
body by a competent authority with jurisdiction over the body or the body will be lawfully stored
for final disposition in the future, except as provided in section 149A.94, subdivision 1;
(3) if the body will be publicly viewed; or
(4) if so ordered by the commissioner of health for the control of infectious disease and
the protection of the public health.
    Subd. 4. Authorization to embalm. No dead human body shall be embalmed without
written authorization. Written authorization to embalm a dead human body must be obtained from
the individual lawfully entitled to custody of the body or the individual's legal designee as soon
as is practicable following the death. Oral permission to embalm shall constitute an effective
authorization to embalm if the individual seeking permission uses the word "embalm," briefly
explains the nature of embalming, and briefly outlines the existing laws regulating the timing
and reasons for embalming, and obtains written authorization as soon as is possible thereafter.
The original written authorization to embalm shall be maintained in the records of the funeral
establishment that causes the embalming to be performed and a copy of the authorization must
be delivered to the person who has legal right to control the disposition or that person's legal
designee. Predeath directives authorizing embalming, duly executed by the deceased, shall
be given full legal effect and shall constitute an effective authorization to embalm under this
subdivision. When embalming is required by subdivision 3, permission to embalm shall, as a
matter of law, be implied.
    Subd. 5. Authorization to embalm; required form. A written authorization to embalm
must contain the following information:
(1) the date of the authorization;
(2) the name of the funeral establishment that will perform the embalming;
(3) the name, address, and relationship to the decedent of the person signing the authorization;
(4) an acknowledgment of the circumstances where embalming is required by law under
subdivision 3;
(5) a statement certifying that the person signing the authorization is the person with legal
right to control the disposition of the body prescribed in section 149A.80 or that person's legal
designee;
(6) the signature of the person requesting the authorization and that person's relationship to
the funeral establishment where the procedure will be performed; and
(7) the signature of the person who has the legal right to control the disposition or their
legal designee.
    Subd. 6. Mortician required. Embalming of a dead human body shall be performed only
by an individual holding a license to practice mortuary science in Minnesota, a registered intern
pursuant to section 149A.20, subdivision 6, or a student 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. An individual who holds a funeral director only
license issued pursuant to section 149A.40, subdivision 2, is prohibited from engaging in the
embalming of a dead human body.
    Subd. 7. Embalming chemicals; prohibited compounds. Embalming fluid containing
compounds of arsenic, mercury, zinc, silver, or other poisonous metals shall not be sold in
Minnesota or used for or in the embalming of any dead human body.
    Subd. 8. Minimum standards for embalming. In every case where a dead human body is
embalmed, standards of performance known to and accepted in the practice of mortuary science
shall be followed to ensure the inhibition of pathogenic organisms in the dead human body.
    Subd. 9. Embalmed bodies awaiting disposition. All embalmed bodies awaiting final
disposition shall be kept in an appropriate holding facility or preparation and embalming room.
The holding facility must be secure from access by anyone except the authorized personnel of the
funeral establishment, preserve the dignity and integrity of the body, and protect the health and
safety of the personnel of the funeral establishment.
    Subd. 10. Required records. Every funeral establishment that causes a dead human body to
be embalmed shall create and maintain on its premises or other business location in Minnesota
an accurate record of every embalming performed. The record shall include all of the following
information for each embalming:
(1) the name of the decedent and the date of death;
(2) the date the funeral establishment took physical custody of the body and, if applicable,
the name of the person releasing the body to the custody of the funeral establishment;
(3) the reason for embalming the body;
(4) the name, address, and relationship to the decedent of the person who authorized the
embalming of the body;
(5) the date the body was embalmed, including the time begun and the time of completion;
(6) the name, license number, and signature of the mortician who performed or personally
supervised the intern or student who performed the embalming;
(7) the name, permit number, if applicable, and signature of any intern or practicum student
that participates in the embalming of a body, whether the intern or practicum student performs
part or all of the embalming; and
(8) the original written authorization to embalm and any other supporting documentation
that establishes the legal right of the funeral establishment to physical custody of the body and
to embalm the body.
    Subd. 11. Retention of records. Records required under subdivision 10 shall be maintained
for a period of three calendar years after the embalming of the body. 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 embalming 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.
History: 1997 c 215 s 37

149A.92 PREPARATION AND EMBALMING ROOM.
    Subdivision 1. Exemption. All funeral establishments having a preparation and embalming
room that has not been used for the preparation or embalming of a dead human body in the 12
calendar months prior to July 1, 1997, are exempt from the minimum requirements in subdivisions
2 to 6, except as provided in this section. At the time that ownership of a funeral establishment
changes, the physical location of the establishment changes, or the building housing the funeral
establishment or business space of the establishment is remodeled the existing preparation and
embalming room must be brought into compliance with the minimum standards in this section.
    Subd. 2. Minimum requirements; general. Every funeral establishment must have a
preparation and embalming room. The room shall be of sufficient size and dimensions to
accommodate a preparation or embalming table, an open fixture with water connections, and an
instrument table, cabinet, or shelves.
    Subd. 3. Minimum requirements; lighting and ventilation. The room shall be properly lit
and ventilated with an exhaust fan that provides at least 12 air changes per hour and is located so
that air is drawn away from the person performing the preparation.
    Subd. 4. Minimum requirements; plumbing connections. All plumbing fixtures, water
supply lines, plumbing vents, and waste drains shall be properly vented and connected pursuant to
the Minnesota Plumbing Code. Where a municipal sewerage system is available, the building
drainage system shall be discharged into that system. Where a municipal system is not available,
the building system must be discharged into an approved private system of waste disposal.
    Subd. 5. Minimum requirements; flooring, walls, ceiling, doors, and windows. All
preparation and embalming rooms shall have nonporous flooring, so that a sanitary condition is
provided. The walls and ceiling of the preparation and embalming room shall run from floor
to ceiling and be covered with tile, or by plaster or sheetrock painted with washable paint, or
other appropriate material so that a sanitary condition is provided. The doors, walls, ceiling, and
windows shall be constructed to prevent odors from entering any other part of the building. All
windows or other openings to the outside must be screened and all windows must be treated in a
manner that prevents viewing into the preparation room from the outside.
    Subd. 6. Minimum requirements; equipment and supplies. The preparation and
embalming room must have a preparation and embalming table and a functional aspirator. The
preparation and embalming table shall have a nonporous top, preferably of rustproof metal or
porcelain, with raised edges around the top of the entire table and a drain opening at the lower
end. Where embalmings are actually performed in the room, the room must be equipped with
a functional method for injection of fluids, an eye wash station, and sufficient supplies and
instruments for normal operation. All supplies must be stored and used in accordance with all
applicable state and federal regulations for occupational health and safety.
    Subd. 7. Access and privacy. The preparation and embalming room must be private and
have no general passageway through it. The room shall, at all times, be secure from the entrance
of unauthorized persons. Authorized persons are those persons described in section 149A.91,
subdivision 2 . Each door allowing ingress or egress shall carry a sign that indicates that the room
is private and access is limited. All authorized persons who are present in or enter a preparation
and embalming room while a body is being prepared for final disposition must be attired in
accordance with all applicable state and federal regulations regarding the control of infectious
disease and occupational and workplace health and safety.
    Subd. 8. Sanitary conditions and permitted use. The preparation and embalming room
and all fixtures, equipment, instruments, receptacles, clothing, and other appliances or supplies
stored or used in the room must be maintained in a clean and sanitary condition at all times. A
preparation and embalming room shall not be used for any other purposes.
    Subd. 9. Waste disposal. Infectious and pathological waste generated in preparation of the
body shall be handled and disposed of according to the Infectious Waste Control Act, sections
116.75 to 116.83, and packaged for disposal in the manner prescribed by rules.
    Subd. 10. Occupational and workplace safety. All applicable provisions of state and
federal regulations regarding exposure to workplace hazards and accidents shall be followed
in order to protect the health and safety of all authorized persons who enter the preparation
and embalming room.
History: 1997 c 215 s 38

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

149A.94 FINAL DISPOSITION.
    Subdivision 1. Generally. Every dead human body lying within the state, except those
delivered for dissection pursuant to section 525.9213, those delivered for anatomical study
pursuant to section 149A.81, subdivision 2, or lawfully carried through the state for the purpose
of disposition elsewhere; and the remains of any dead human body after dissection or anatomical
study, shall be decently buried, entombed, or cremated, within a reasonable time after death.
Where final disposition of a body will not be accomplished within 72 hours following death or
release of the body by a competent authority with jurisdiction over the body, the body must
be properly embalmed. For purposes of this section, refrigeration is not considered a form of
preservation or disinfection and does not alter the 72-hour requirement, except as provided in
subdivision 2.
    Subd. 2. Cremation exceptions. The 72-hour requirement does not apply when a body
properly delivered to a crematory cannot be cremated within the time constraints imposed by law
for reasons of mechanical failure of the cremation chamber or timeliness of delivery. Should a
crematory accept delivery of a body later than 67 hours following the death or release of the body
by a competent authority with jurisdiction over the body or experience such mechanical failure,
the properly delivered body, whether embalmed or not, must be maintained in a secure holding
facility at a temperature within the range of 34 and 40 degrees Fahrenheit until cremation can
be accomplished. If cremation cannot be accomplished within five calendar days after death or
release of the body, the crematory must obtain a permit to retain the body pursuant to section
149A.93, subdivision 3. No body may be kept in refrigeration for a period that exceeds seven
calendar days from receipt of the body by the crematory. If cremation cannot be accomplished
within the seven calendar day period, arrangements must be made to have the body transported to
an alternate crematory for final disposition.
    Subd. 3. Permit required. No dead human body shall be buried, entombed, or cremated
without a disposition permit. The disposition permit must be filed with the person in charge of the
place of final disposition. Where a dead human body will be transported out of this state for final
disposition, the body must be accompanied by a transit permit.
    Subd. 4. Cremation. Inurnment of cremated remains and release to an appropriate
party is considered final disposition and no further permits or authorizations are required for
transportation, interment, entombment, or placement of the cremated remains, except as provided
in section 149A.95, subdivision 16.
History: 1997 c 215 s 40; 2005 c 106 s 63

149A.95 CREMATORIES AND CREMATION.
    Subdivision 1. License required. No person shall cremate a dead human body or cause
any dead human body to be cremated in this state without being licensed by the commissioner
of health.
    Subd. 2. General requirements. Any building to be used as a crematory must comply with
all applicable local and state building codes, zoning laws and ordinances, and environmental
standards. A crematory must have, on site, a motorized mechanical device for processing
cremated remains and must have, in the building or adjacent to it, a holding facility for the
retention of dead human bodies awaiting cremation. The holding facility must be secure from
access by anyone except the authorized personnel of the crematory, preserve the dignity of the
remains, and protect the health and safety of the crematory personnel.
    Subd. 3. Unlicensed personnel. A licensed crematory may employ unlicensed personnel,
provided that all applicable provisions of this chapter are followed. It is the duty of the licensed
crematory to provide proper training for all unlicensed personnel and the licensed crematory shall
be strictly accountable for compliance with this chapter and other applicable state and federal
regulations regarding occupational and workplace health and safety.
    Subd. 4. Authorization to cremate required. No crematory shall cremate or cause to be
cremated any dead human body without receiving written authorization to do so from the person
who has the legal right to control disposition as described in section 149A.80 or the person's legal
designee. The written authorization must include:
(1) the name of the deceased and the date of death;
(2) a statement authorizing the crematory to cremate the body;
(3) the name, address, relationship to the deceased, and signature of the person with legal
right to control final disposition or a legal designee;
(4) certification that the body does not contain any implanted mechanical or radioactive
device, such as a heart pacemaker, that may create a hazard when placed in the cremation chamber;
(5) authorization to remove the body from the container in which it was delivered, if that
container is not appropriate for cremation, and to place the body in an appropriate cremation
container and directions for the disposition of the original container;
(6) authorization to open the cremation chamber and reposition the body to facilitate a
thorough cremation and to remove from the cremation chamber and separate from the cremated
remains, any noncombustible materials or items;
(7) directions for the disposition of any noncombustible materials or items recovered from
the cremation chamber;
(8) acknowledgment that the cremated remains will be mechanically reduced to a granulated
appearance and placed in an appropriate container and authorization to place any cremated
remains that a selected urn or container will not accommodate into a temporary container;
(9) acknowledgment that, even with the exercise of reasonable care, it is not possible to
recover all particles of the cremated remains and that some particles may inadvertently become
commingled with disintegrated chamber material and particles of other cremated remains that
remain in the cremation chamber or other mechanical devices used to process the cremated
remains; and
(10) directions for the ultimate disposition of the cremated remains.
    Subd. 5. Limitation of liability. A licensed crematory acting in good faith, with reasonable
reliance upon an authorization to cremate, pursuant to an authorization to cremate, and in an
otherwise lawful manner shall be held harmless from civil liability and criminal prosecution for
any actions taken by the crematory.
    Subd. 6. Acceptance of delivery of body. No dead human body shall be accepted for
disposition by cremation unless encased in an appropriate cremation container or casket,
accompanied by a disposition permit issued pursuant to section 149A.93, subdivision 3, including
a photocopy of the completed death record or a signed release authorizing cremation of the body
received from the coroner or medical examiner, and accompanied by a cremation authorization
that complies with subdivision 4. A crematory may refuse to accept delivery of a cremation
container where there is:
(1) evidence of leakage of fluids from the body;
(2) a known dispute concerning cremation of the body delivered;
(3) a reasonable basis for questioning any of the representations made on the written
authorization to cremate; or
(4) any other lawful reason.
    Subd. 7. Handling of dead human bodies. All crematory employees handling dead human
bodies shall use universal precautions and otherwise exercise all reasonable precautions to
minimize the risk of transmitting any communicable disease from the body. No dead human body
shall be removed from the container in which it is delivered to the crematory without express
written authorization of the person with legal right to control the disposition. If, after accepting
delivery of a body for cremation, it is discovered that the body contains an implanted mechanical
or radioactive device, that device must be removed from the body by a licensed mortician or
physician prior to cremation.
    Subd. 8. Identification of body. All licensed crematories shall develop, implement, and
maintain an identification procedure whereby dead human bodies can be identified from the time
the crematory accepts delivery of the remains until the cremated remains are released to an
authorized party. After cremation, an identifying disk, tab, or other permanent label shall be
placed within the cremated remains container before the cremated remains are released from the
crematory. Each identification disk, tab, or label shall have a number that shall be recorded on all
paperwork regarding the decedent. This procedure shall be designed to reasonably ensure that the
proper body is cremated and that the cremated remains are returned to the appropriate party.
    Subd. 9. Cremation chamber for human remains. A licensed crematory shall knowingly
cremate only dead human bodies or human remains in a cremation chamber, along with the
cremation container or casket and a sheet or pouch used for disease control.
    Subd. 10. Cremation procedures; privacy. The final disposition of dead human bodies by
cremation shall be done in privacy. Unless there is written authorization from the person with
the legal right to control the disposition, only authorized crematory personnel shall be permitted
in the cremation area while any dead human body is in the cremation area awaiting cremation,
in the cremation chamber, being removed from the cremation chamber, or being processed and
placed in a cremated remains container.
    Subd. 11. Cremation procedures; commingling of remains prohibited. Except with the
express written permission of the person with legal right to control the disposition, no crematory
shall cremate more than one dead human body at the same time and in the same cremation
chamber, or introduce a second dead human body into a cremation chamber until reasonable
efforts have been employed to remove all fragments of the preceding cremated remains, or
cremate a dead human body and other human remains at the same time and in the same cremation
chamber. This section does not apply where commingling of human remains during cremation
is otherwise provided by law. The fact that there is incidental and unavoidable residue in the
cremation chamber used in a prior cremation is not a violation of this subdivision.
    Subd. 12. Cremation procedures; removal from cremation chamber. Upon completion
of the heat and flame reduction process, reasonable efforts shall be made to remove from the
cremation chamber all of the recoverable cremated human remains and noncombustible materials
or items. If possible, the noncombustible materials or items shall be separated from the cremated
human remains and disposed of, in any lawful manner, by the crematory. The cremated human
remains shall be placed in an appropriate container to be transported to the processing area.
    Subd. 13. Cremation procedures; commingling of cremated remains prohibited. Except
with the express written permission of the person with legal right to control the disposition or
otherwise provided by law, no crematory shall mechanically process the cremated human remains
of more than one body at a time in the same mechanical processor, or introduce the cremated
human remains of a second body into a mechanical processor until processing of any preceding
cremated human remains has been terminated and reasonable efforts have been employed to
remove all fragments of the preceding cremated remains. The fact that there is incidental and
unavoidable residue in the mechanical processor or any container used in a prior cremation
is not a violation of this provision.
    Subd. 14. Cremation procedures; processing cremated remains. The cremated human
remains shall be reduced by a motorized mechanical device to a granulated appearance
appropriate for final disposition and placed in a cremated remains container along with the
appropriate identifying disk, tab, or label.
    Subd. 15. Cremation procedures; container of insufficient capacity. If a cremated remains
container is of insufficient capacity to accommodate all cremated remains of a given dead human
body, subject to directives provided in the written authorization to cremate, the crematory shall
place the excess cremated remains in a secondary cremated remains container and attach the
second container, in a manner so as not to be easily detached through incidental contact, to
the primary cremated remains container. The secondary container shall contain a duplicate of
the identification disk, tab, or label that was placed in the primary container and all paperwork
regarding the given body shall include a notation that the cremated remains were placed in two
containers.
    Subd. 16. Disposition procedures; commingling of cremated remains prohibited. No
cremated remains shall be disposed of or scattered in a manner or in a location where the
cremated remains are commingled with those of another person without the express written
permission of the person with the legal right to control disposition or as otherwise provided by
law. This subdivision does not apply to the burial of cremated remains at sea from individual
containers, to the scattering or burial of cremated remains in a dedicated cemetery, to the disposal
in a dedicated cemetery of accumulated residue removed from a cremation chamber or other
cremation equipment, to the inurnment of members of the same family in a common container
designed for the cremated remains of more than one body, or to the inurnment in a container or
interment in a space that has been previously designated, at the time of sale or purchase, as being
intended for the inurnment or interment of the cremated remains of more than one person.
    Subd. 17. Cremation procedures; disposition of accumulated residue. Every crematory
shall provide for the removal and disposition in a dedicated cemetery of any accumulated residue
from any cremation chamber, mechanical processor, container, or other equipment used in
cremation. Disposition of accumulated residue shall be in accord with the regulations of the
dedicated cemetery and any applicable local ordinances.
    Subd. 18. Cremation procedures; release of cremated remains. Following completion
of the cremation, the inurned cremated remains shall be released according to the instructions
given on the written authorization to cremate. If the cremated remains are to be shipped, they
must be securely packaged and transported by a method which has an internal tracing system
available and which provides for a receipt signed by the person accepting delivery. Where there
is a dispute over release or disposition of the cremated remains, a crematory may deposit the
cremated remains with a court of competent jurisdiction pending resolution of the dispute or
retain the cremated remains until the person with the legal right to control disposition presents
satisfactory indication that the dispute is resolved.
    Subd. 19. Unclaimed cremated remains. If, after 30 calendar days following the inurnment,
the cremated remains are not claimed or disposed of according to the written authorization to
cremate, the crematory or funeral establishment shall give written notice, by certified mail,
to the person with the legal right to control the final disposition or a legal designee, that the
cremated remains are unclaimed and requesting further release directions. Should the cremated
remains be unclaimed 120 calendar days following the mailing of the written notification, the
crematory or funeral establishment may dispose of the cremated remains in any lawful manner
deemed appropriate.
    Subd. 20. Required records. Every crematory shall create and maintain on its premises or
other business location in Minnesota an accurate record of every cremation provided. The record
shall include all of the following information for each cremation:
(1) the name of the person or funeral establishment delivering the body for cremation;
(2) the name of the deceased and the identification number assigned to the body;
(3) the date of acceptance of delivery;
(4) the names of the cremation chamber and mechanical processor operator;
(5) the time and date that the body was placed in and removed from the cremation chamber;
(6) the time and date that processing and inurnment of the cremated remains was completed;
(7) the time, date, and manner of release of the cremated remains;
(8) the name and address of the person who signed the authorization to cremate; and
(9) all supporting documentation, including any transit or disposition permits, a photocopy
of the death record, and the authorization to cremate.
    Subd. 21. Retention of records. Records required under subdivision 20 shall be maintained
for a period of three calendar years after the release of the cremated remains. Following this
period and subject to any other laws requiring retention of records, the crematory 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 release of the cremated remains. At the end of this period and
subject to any other laws requiring retention of records, the crematory may destroy the records by
shredding, incineration, or any other manner that protects the privacy of the individuals identified.
History: 1997 c 215 s 41; 1Sp2001 c 9 art 15 s 32

149A.96 DISINTERMENT AND REINTERMENT.
    Subdivision 1. Written authorization. Except as provided in this section, no dead human
body or human remains shall be disinterred and reinterred without the written authorization of the
person or persons legally entitled to control the body or remains and a disinterment-reinterment
permit properly issued by the state registrar or a licensed mortician. Permits shall contain the
information required on the permit form as furnished by the commissioner.
    Subd. 2. Interment defined. For purposes of this section, "interment" means final disposition
by burial or entombment. Bodies held in a receiving vault for nonwinter burials pursuant to a
directive from the person or persons with legal right to control final disposition and section 306.99
shall not be considered interred for purposes of this section.
    Subd. 3. Exception; movement within a dedicated cemetery. The authorities in charge of a
cemetery may disinter and reinter a body or remains within the same dedicated cemetery upon
receipt of the written and notarized authorization of the person or persons with the right to control
the disposition as described in section 149A.80.
    Subd. 4. Disinterment opposed. If the disinterment is opposed, no disinterment-reinterment
permit shall be issued until the state registrar or licensed mortician receives a certified copy of a
court order that specifically orders the disinterment and reinterment.
    Subd. 5. Reasonable cause to disinter; factors to be considered. A presumption against
removal operates against anyone who seeks to have a body or remains disinterred. To overcome
the presumption, the party requesting disinterment must show reasonable cause for disinterment.
A district court in the district where the body or remains are interred shall consider the following
factors when deciding whether reasonable cause for disinterment exists:
(1) the degree of relationship that the party seeking disinterment bears to the body or remains;
(2) the degree of relationship that the party seeking to prevent disinterment bears to the
body or remains;
(3) if applicable, the expressed wishes of the decedent;
(4) the conduct of the party requesting disinterment, especially as it may relate to the
circumstances of the original interment;
(5) the conduct of the party opposing disinterment, especially as it may relate to the
circumstances of the original interment;
(6) the length of time that has elapsed since the original interment;
(7) the strength of the reasons offered both in favor of and in opposition to disinterment; and
(8) the integrity and capacity of the party seeking disinterment to provide a secure and
comparable resting place for the body or remains.
    Subd. 6. Transportation of disinterred bodies. All disinterred bodies or remains removed
from a dedicated cemetery shall be transported in an appropriate container and manner.
    Subd. 7. Filing of documentation of disinterment and reinterment. The cemetery where
the body or remains were originally interred shall retain a copy of the disinterment-reinterment
permit, the authorization to disinter, and, if applicable, the court order showing reasonable cause to
disinter. Until the body or remains are reinterred the original permit and other documentation shall
be in the possession of the person in physical or legal custody of the body or remains, or attached
to the transportation container which holds the body or remains. At the time of reinterment, the
permit and other documentation shall be filed according to the laws, rules, or regulations of the
state or country where reinterment occurs. If the death occurred in Minnesota, the state registrar
or a licensed mortician shall inform the person requesting the disinterment and reinterment of the
right to request an amendment to the death record according to Minnesota Rules, chapter 4601.
    Subd. 8. Opening of disinterred caskets or alternative containers. The opening of
any disinterred casket or alternative container is prohibited except when so ordered by a court
of competent jurisdiction.
    Subd. 9. Cremated remains. Subject to section 149A.95, subdivision 16, inurnment of
the cremated remains and release to an appropriate party is considered final disposition and no
further permits or authorizations are required for disinterment, transportation, or placement of
the cremated remains.
    Subd. 10. Penalty for noncompliance. In addition to any disciplinary action or measures
taken by the commissioner pursuant to this chapter, any person violating this section may be
guilty of a felony pursuant to section 307.08, subdivision 2.
History: 1997 c 215 s 42; 1Sp2001 c 9 art 15 s 32; 2005 c 106 s 64-66

149A.97 PRENEED ARRANGEMENTS.
    Subdivision 1. Purpose and intent. It is the intent of the legislature that this section be
construed as a limitation upon the manner in which a funeral provider is permitted to accept
funds in prepayment of funeral services or burial site services to be performed in the future or
in prepayment of funeral or burial goods to be used in connection with the final disposition of
human remains. It is further intended to allow members of the public to arrange and pay for
funeral goods, funeral services, burial site goods, or burial site services for themselves and their
families in advance of need while at the same time providing all possible safeguards so that the
prepaid funds cannot be dissipated, whether intentionally or not, so as to be available for the
payment of the services and goods selected.
    Subd. 2. Scope and requirements. This section shall not apply to any funeral goods or
burial site goods purchased and delivered, either at purchase or within a commercially reasonable
amount of time thereafter. When prior to the death of any person, that person or another, on
behalf of that person, enters into any transaction, makes a contract, or any series or combination
of transactions or contracts with a funeral provider lawfully doing business in Minnesota, other
than an insurance company licensed to do business in Minnesota selling approved insurance or
annuity products, by the terms of which, goods or services related to the final disposition of that
person will be furnished at-need, then the total of all money paid by the terms of the transaction,
contract, or series or combination of transactions or contracts shall be held in trust for the purpose
for which it has been paid. The person for whose benefit the money was paid shall be known as
the beneficiary, the person or persons who paid the money shall be known as the purchaser, and
the funeral provider shall be known as the depositor.
    Subd. 3. Nature of trust. Except as provided in this section, nothing in this section shall
abate the rights, duties, and powers granted under chapters 501B and 520. A trust created for
the holding of preneed arrangement funds shall be revocable, in its entirety, unless specifically
limited by the person purchasing the preneed funeral goods, funeral services, burial site goods,
or burial site services. If the purchaser chooses to limit the revocability of the trust funds, the
limitation must be declared in the trust instrument and must be limited to an amount equivalent to
the allowable supplemental security income asset exclusion used for determining eligibility for
public assistance at the time the trust is created.
    Subd. 3a. Requirements for preneed funeral agreements. It is unlawful for any person
residing or doing business in this state to enter a preneed funeral agreement unless the agreement:
(1) is written in clear, understandable language and printed in a type that is easy to read in
size and style;
(2) contains a complete, itemized description of the funeral goods, funeral services, burial site
goods, or burial site services selected or purchased, including, when appropriate, manufacturer's
name, model numbers, style numbers, and description of the type of material used in construction;
(3) discloses clearly and conspicuously whether the prices of the goods and services selected
are guaranteed;
(4) discloses that funding options for a preneed funeral agreement consist of either
prepayment to the funeral provider or the purchase of an insurance policy;
(5) discloses whether the funds received from the purchaser are required to be placed in a
trust and, if the funds are required to be placed in a trust, provides the following information:
(i) lists the location of the trust account, including the name, address, and telephone number
of the institution where the money will be held and any identifying account numbers, the amount
of money to be trusted, and the names of the trustees; and
(ii) advises the purchaser as to the disposition of the interest from the trust and as to
responsibility for taxes owed on the interest;
(6) contains the names, addresses, and telephone numbers of the Minnesota Department of
Health as the regulatory agency for preneed trust accounts and the Minnesota Attorney General's
Office as the regulatory agency that handles consumer complaints;
(7) discloses clearly and conspicuously that any person who makes payment under a preneed
funeral agreement may cancel the agreement subject to the procedures for cancellation specified
in subdivision 6a;
(8) contains the following statement, in bold-faced type and a minimum size of ten points:
"Within 15 calendar days after receipt of any money required to be held in trust, all such
money must be deposited in a banking institution, savings association, or credit union, organized
under state or federal laws, the accounts of which are insured by an instrumentality of the federal
government. The person for whose benefit the money was paid according to this agreement shall
be known as the beneficiary; the person or persons who paid the money shall be known as the
purchaser; and the funeral provider shall be known as the depositor. The money must be carried in
a separate account with the names of the depositor and the purchaser as trustees for the beneficiary.
The preneed arrangement trust shall be considered an asset of the purchaser until the death of
the beneficiary. At the death of the beneficiary, the money in the trust shall be considered an asset
of the beneficiary's estate, to the extent that the value of the trust exceeds the actual value for the
goods and services provided at-need. This does not alter any asset exclusion requirements that
exist under federal law. The depositor as trustee must disclose in writing the location of the trust
account, including the name and address of the institution where the money is being held and any
identifying account numbers, to the beneficiary when the money is deposited and when there are
any subsequent changes to the location of the trust account.";
(9) for agreements with revocable trusts, contains the following statement, in bold-faced type
and a minimum size of ten points:
"REVOCABLE TRUST:
The preneed arrangement trust being created by the purchaser is revocable. These trust
funds, including all principal and accrued interest, are the purchaser's assets. The purchaser may
withdraw the principal and accrued interest at any time prior to the death of the beneficiary. At
the death of the beneficiary, the funds shall be distributed in their entirety, principal plus accrued
interest, with no fees retained by the trustees as administrative fees. The funds shall be distributed
for the payment of the at-need funeral goods, funeral services, burial site goods, or burial site
services selected, with any excess funds distributed to the beneficiary's estate. At any time before
or at the time of the beneficiary's death, the purchaser may transfer the preneed arrangements and
related trust funds for use in the payment of funeral goods, funeral services, burial site goods, or
burial site services. The purchaser may not be charged any fee in connection with the transfer
of a preneed arrangement and trust funds.";
(10) for agreements with irrevocable trusts, contains the following statement, in bold-faced
type and a minimum size of ten points:
"IRREVOCABLE TRUST:
A trust created to hold preneed arrangement funds is revocable in its entirety unless
specifically limited by the purchaser. The purchaser has chosen to create an irrevocable trust in the
amount of $ (insert the dollar amount of the purchaser's irrevocable trust). The revocable portion
of this trust fund is limited to that amount that exceeds the allowable supplemental security
income asset exclusion used for determining eligibility for public assistance at the time the trust
is created. The principal and accrued interest may not be withdrawn from the trust prior to the
beneficiary's death, except to the extent that the trust funds exceed the irrevocable trust limitation.
At the time of the beneficiary's death, the funds shall be distributed in their entirety, principal
plus accrued interest, with no fees retained by the trustees as administrative fees. The funds shall
be distributed for the payment of the at-need funeral goods, funeral services, burial site goods,
or burial site services selected, with any excess funds distributed to the beneficiary's estate. At
any time prior to or at the time of the beneficiary's death, the purchaser may transfer the preneed
arrangements and trust funds for use in the payment of funeral goods, funeral services, burial site
goods, or burial site services. The purchaser may not be charged any fee in connection with the
transfer of a preneed arrangement and trust funds.";
(11) provides that if the particular funeral goods, funeral services, burial site goods, or burial
site services specified in the agreement are unavailable at the time of delivery, the funeral provider
must furnish goods and services similar in style and at least equal in quality to the material and
workmanship of the goods or services specified and that the representative of the beneficiary has
the right to choose the goods or services to be substituted; and
(12) contains an itemization of the sale of grave lots, spaces, lawn crypts, niches, or
mausoleum crypts separate from all other goods and services selected.
    Subd. 4. Freedom of choice; designation of trustee. The purchaser, regardless of whether
the funds held in trust are designated revocable or irrevocable, retains the right to designate
the trustee. At any time prior to the death of the beneficiary, the purchaser may designate a
different trustee. Upon the death of the beneficiary, subject to section 149A.80, the rights of the
purchaser vest in the individual with the legal right to control the disposition of the remains of the
beneficiary. The depositor as trustee shall not have the right or power to designate another trustee
prior to the death of the beneficiary or subsequent to such death.
    Subd. 4a. Finance charges on preneed arrangements prohibited. Funeral providers are
prohibited from assessing finance charges on preneed arrangements.
    Subd. 5. Deposit of trust funds and disclosures. Within 15 calendar days after receipt
of any money required to be held in trust, all of the money must be deposited in a banking
institution, savings or building and loan association, or credit union, organized under state or
federal laws, the accounts of which are insured by an instrumentality of the federal government.
The money must be carried in a separate account with the name of the depositor and the purchaser
as trustees for the beneficiary. The depositor as trustee shall not have power to distribute funds,
either principal or interest, from the account until the death of the beneficiary, subject to section
149A.80. For purposes of this section, distribute does not mean transferring the trust funds to
different investment accounts within an institution or between institutions provided that the
depositor as trustee does not have sole access to the funds in a negotiable form. This section shall
be construed to limit the depositor's access to trust funds, in a negotiable form, prior to the death
of a beneficiary. The preneed arrangements trust shall be considered an asset of the purchaser
until the death of the beneficiary, whereupon the money shall be considered an asset of the estate
of the beneficiary, to the extent that the value of the trust exceeds the actual value for the goods
and services provided at-need. The location of the trust account, including the name and address
of the institution in which the money is being held and any identifying account numbers, must be
disclosed in writing to the beneficiary by the depositor as trustee at the time the money is deposited
and when there are any subsequent changes to the location of the trust account. The depositor shall
annually report to the beneficiary the amount of funds in the beneficiary's preneed arrangement
trust account, including principal and accrued interest. The depositor may arrange for the banking
institution, savings or building and loan association, or credit union to issue such reports. Upon
the provision of any funeral or burial site goods or services in connection with a preneed
arrangement, the depositor shall provide a statement itemizing the goods or services provided and
cost of such goods or services and describing the disposition of all funds in the account.
    Subd. 6. Disbursement of trust funds. The funds held in trust, including principal and
accrued interest, may be distributed prior to the death of the beneficiary upon demand by the
purchaser as specified in subdivision 6a, to the extent that the trust is designated revocable. At the
death of the beneficiary and with satisfactory proof of death provided to the institution holding the
trust funds, the funds, including principal and accrued interest, may be distributed by either the
depositor as trustee or the purchaser as trustee, subject to section 149A.80. The funds shall be
distributed in their entirety, with no fees to be retained by the trustees as administrative fees. The
funds shall be distributed for the payment of the actual at-need value of the funeral goods, funeral
services, burial site goods, or burial site services selected with any excess funds distributed to
the estate of the decedent.
    Subd. 6a. Cancellation of agreement for preneed arrangements. (a) If a purchaser cancels
an agreement for an irrevocable trust for preneed arrangements at any time before midnight of
the third business day after the date of the agreement, the purchaser shall receive a refund of all
consideration paid according to the agreement. The refund must be distributed to the purchaser
within 15 business days following receipt by the funeral provider of the cancellation notice
from the purchaser.
(b) If the purchaser cancels an agreement for a revocable trust for preneed arrangements at
any time after the date of the agreement, all funds held in a revocable trust, including all principal
and accrued interest, must be distributed to the purchaser within 15 business days following
receipt by the funeral provider of the cancellation notice.
(c) Cancellation is evidenced by the purchaser giving written notice of cancellation to the
funeral provider at the address provided in the agreement. Notice of cancellation, if given by mail,
is effective upon deposit in a mailbox, properly addressed to the funeral provider and postage
prepaid. Notice of cancellation need not take any specific form and is sufficient if it indicates, by
any form of written expression, the intention of the purchaser not to be bound by the agreement.
    Subd. 7. Reports to commissioner. Every funeral provider lawfully doing business in
Minnesota that accepts funds under subdivision 2 must make a complete annual report to the
commissioner. The reports may be on forms provided by the commissioner or substantially
similar forms containing, at least, identification and the state of each trust account, including
all transactions involving principal and accrued interest, and must be filed by March 31 of the
calendar year following the reporting year along with a filing fee of $15 for each report. Fees shall
be paid to the commissioner of finance, state of Minnesota, for deposit in the state government
special revenue fund in the state treasury. Reports must be signed by an authorized representative
of the funeral provider and notarized under oath. All reports to the commissioner shall be
reviewed for account inaccuracies or possible violations of this section. If the commissioner has
a reasonable belief to suspect that there are account irregularities or possible violations of this
section, the commissioner shall report that belief, in a timely manner, to the state auditor. The
commissioner shall also file an annual letter with the state auditor disclosing whether or not
any irregularities or possible violations were detected in review of the annual trust fund reports
filed by the funeral providers. This letter shall be filed with the state auditor by May 31 of the
calendar year following the reporting year.
    Subd. 8.[Repealed, 1Sp2003 c 1 art 2 s 136]
    Subd. 9. Required records. Every funeral provider lawfully doing business in Minnesota
that accepts funds under subdivision 2 must create and maintain on its premises or other business
location in Minnesota an accurate record of every trust fund established with the funeral provider
as trustee. The record must contain the following information:
(1) the names of the purchaser, beneficiary, and depositor;
(2) the date, location, identifying account numbers, and amount of the funds originally
deposited;
(3) any subsequent changes to the location of the account, identifying account number, or
trustee designation;
(4) the date, amount, and payee of any distributions from the account; and
(5) all supporting documentation, including a copy of the original trust agreement, copies
of any contracts for the purchase of preneed goods and services, and any other appropriate
documentation.
    Subd. 10. Retention of records. Records required under subdivision 9 shall be maintained
for a period of three calendar years after the release of the trust funds. Following this period and
subject to any other laws requiring retention of records, the funeral provider 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 release of the trust funds. At the end of this period and subject to
any other laws requiring retention of records, the funeral provider may destroy the records by
shredding, incineration, or any other manner that protects the privacy of the individuals identified.
    Subd. 11. Report data. Data on individuals collected and maintained under subdivision 7
are private data on individuals as defined in section 13.02, subdivision 12. Section 13.10 applies
to data on decedents collected under subdivision 7.
    Subd. 12. Penalties. Any violation of this section is grounds for disciplinary action pursuant
to sections 149A.04 to 149A.10.
History: 1997 c 215 s 43; 2000 c 438 s 30-37; 2001 c 171 s 11; 2002 c 261 s 1; 2003 c
112 art 2 s 50

149A.98 RECOVERY OF ATTORNEY FEES.
A funeral provider who prevails in an action for the recovery of fees for services provided
under this chapter may be awarded reasonable attorney fees incurred in the action, provided that
the funeral provider otherwise complied with the requirements of this chapter in connection
with the provision of those services.
History: 2005 c 71 s 1