A bill for an act
relating to mortuary science; permitting the conversion of human remains to basic
elements using natural organic reduction; amending Minnesota Statutes 2020,
sections 149A.02, subdivisions 1a, 3, 9, 16, 23, 26a, 27, 30a, 32a, 34, 35, 37c, 41,
by adding subdivisions; 149A.03; 149A.54; 149A.55; 149A.65, subdivision 6;
149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions
3, 3a, 9; 149A.73, subdivisions 1, 2; 149A.74, subdivision 1; 149A.94, subdivisions
1, 4; 149A.941.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 149A.02, subdivision 1a, is amended to read:
"Alkaline hydrolysis" means the reduction of a dead
human body to essential elements through a water-based dissolution process using alkaline
chemicals, heat, agitation, and pressure to accelerate natural decomposition; the processing
of the hydrolyzed remains after removal from the alkaline hydrolysis vessel; placement of
the processed remains in a hydrolyzed remains container; and release of the hydrolyzed
remains to an appropriate party. Alkaline hydrolysis is a form of final disposition.new text begin Alkaline
hydrolysis does not include natural organic reduction or to naturally reduce human remains.
new text end
Minnesota Statutes 2020, section 149A.02, subdivision 3, is amended to read:
"Arrangements for disposition" means any
action normally taken by a funeral provider in anticipation of or preparation for the
entombment, burial in a cemetery, alkaline hydrolysis, new text beginnatural organic reduction, new text endor cremation
of a dead human body.
Minnesota Statutes 2020, section 149A.02, subdivision 9, is amended to read:
"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.new text begin Cremation
does not include natural organic reduction or to naturally reduce human remains.
new text end
Minnesota Statutes 2020, section 149A.02, subdivision 16, is amended to read:
"Final disposition" means the acts leading to and the
entombment, burial in a cemetery, alkaline hydrolysis, new text beginorganic natural reduction, new text endor cremation
of a dead human body.
Minnesota Statutes 2020, section 149A.02, subdivision 23, is amended to read:
"Funeral services" means any services which may be used
to: (1) care for and prepare dead human bodies for burial, alkaline hydrolysis, new text beginorganic natural
reduction, new text endcremation, or other final disposition; and (2) arrange, supervise, or conduct the
funeral ceremony or the final disposition of dead human bodies.
Minnesota Statutes 2020, section 149A.02, subdivision 26a, is amended to read:
"Inurnment" means placing hydrolyzednew text begin, naturally reduced,new text end or
cremated remains in a hydrolyzednew text begin, naturally reduced,new text end or cremated remains container suitable
for placement, burial, or shipment.
Minnesota Statutes 2020, section 149A.02, subdivision 27, is amended to read:
"Licensee" means any person or entity that has been issued a license
to practice mortuary science, to operate a funeral establishment, to operate an alkaline
hydrolysis new text beginor natural organic reduction new text endfacility, or to operate a crematory by the Minnesota
commissioner of health.
Minnesota Statutes 2020, section 149A.02, subdivision 30a, is amended to read:
"Niche" means a space in a columbarium used or intended to be used
for the placement of hydrolyzednew text begin, naturally reduced,new text end or cremated remains.
Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision to
read:
new text begin
"Natural organic reduction" or "naturally reduce"
means the contained, accelerated conversion of human remains to soil.
new text end
Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision
to read:
new text begin
"Natural organic reduction facility"
means a structure, room, or other space in a building or real property where natural organic
reduction of a human body occurs.
new text end
Minnesota Statutes 2020, section 149A.02, subdivision 32a, is amended to read:
"Placement" means the placing of a container holding hydrolyzednew text begin,
naturally reduced,new text end or cremated remains in a crypt, vault, or niche.
Minnesota Statutes 2020, section 149A.02, subdivision 34, is amended to read:
"Preparation of the body" means placement of the
body into an appropriate cremationnew text begin, natural organic reductionnew text end or alkaline hydrolysis container,
embalming of the body or such items of care as washing, disinfecting, shaving, positioning
of features, restorative procedures, application of cosmetics, dressing, and casketing.
Minnesota Statutes 2020, section 149A.02, subdivision 35, is amended to read:
"Processing" means the removal of foreign objects, drying or
cooling, and the reduction of the hydrolyzednew text begin, naturally reduced,new text end or cremated remains by
mechanical means including, but not limited to, grinding, crushing, or pulverizing, to a
granulated appearance appropriate for final disposition.
Minnesota Statutes 2020, section 149A.02, subdivision 37c, is amended to read:
"Scattering" means the authorized dispersal of hydrolyzednew text begin,
naturally reduced,new text end or cremated remains in a defined area of a dedicated cemetery or in areas
where no local prohibition exists provided that the hydrolyzed or cremated remains are not
distinguishable to the public, are not in a container, and that the person who has control
over disposition of the hydrolyzednew text begin, naturally reduced,new text end or cremated remains has obtained
written permission of the property owner or governing agency to scatter on the property.
Minnesota Statutes 2020, section 149A.02, subdivision 41, is amended to read:
"Vault" means a space in a mausoleum of sufficient size, used or
intended to be used to entomb human remains, cremated remains, deleted text beginordeleted text end hydrolyzed remainsnew text begin,
or naturally reduced remainsnew text end. Vault may also mean a sealed and lined casket enclosure.
Minnesota Statutes 2020, section 149A.03, is amended to read:
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, interns, practicum
students, and clinical students;
(iii) licensing and operation of a funeral establishment;
(iv) licensing and operation of an alkaline hydrolysis facility; deleted text beginand
deleted text end
(v) licensing and operation of a crematory;new text begin and
new text end
new text begin
(vi) licensing and operation of a natural reduction facility;
new text end
(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, transportat