# Study Notes: Minnesota Statutes 149A.01 – Purpose and Scope ## Overview This chapter of Minnesota law governs the handling of deceased human bodies, focusing on public health and safety. It outlines who is authorized to manage the removal, preparation, transportation, and final disposition of bodies, as well as exceptions to licensure requirements. --- ## Key Sections ### **1. Purpose** The primary goal of this chapter is to regulate the following activities related to deceased human bodies: - **Removal** from the place of death - **Preparation** for final disposition - **Transportation** - **Arrangements** for disposition - **Final disposition** This regulation ensures public health and safety while protecting the public. --- ### **2. Scope** In Minnesota, **only licensed individuals** may perform the following activities unless explicitly exempted: 1. **Take charge of or remove** a dead body from the place of death. 2. **Prepare** a body for final disposition in any manner. 3. **Arrange, direct, or supervise** a funeral, memorial service, or graveside service. Licensure is overseen by the Commissioner of Health to ensure compliance with these regulations. --- ### **3. Exceptions to Licensure** Certain individuals and groups are exempt from licensure requirements under specific conditions. These exceptions are detailed below: #### **a. Duties of Specific Professionals** The chapter does not interfere with the duties of: - **Anatomical bequest programs** at accredited medical or mortuary science schools. - Individuals handling **unclaimed bodies** for anatomical study. - **Licensed ambulance personnel** performing their duties. - **Licensed medical personnel** in their professional roles. - **Coroners or medical examiners** performing official duties. For instance, a coroner investigating a death does not need a funeral director's license to transport the body for an autopsy. #### **b. Cultural and Religious Practices** The law respects the **customs and rites** of recognized cultures and religions, allowing ceremonial washing, dressing, casketing, and public transportation of the deceased. However, these practices must comply with all other provisions of the chapter. Ensure that cultural or religious practices align with public health regulations to avoid legal issues. #### **c. Noncompensated Individuals** Individuals with the **right to control the body** (e.g., next of kin) may: - Remove the body from the place of death. - Transport the body. - Prepare the body for disposition (excluding embalming). - Arrange for final disposition. These actions must comply with all other provisions of the chapter. #### **d. Interns, Students, and Transfer Care Specialists** The following individuals are exempt from licensure if they are registered with the Commissioner of Health and supervised by a licensed mortuary science professional: - Interns serving under Section 149A.20, Subdivision 6. - Students in accredited mortuary science programs. - Registered transfer care specialists. A mortuary science student assisting with body preparation during a practicum does not need a license but must work under direct supervision. #### **e. Institutional Policies** Institutions (e.g., hospitals) may enforce internal policies requiring only licensed individuals to handle bodies, even if the law does not mandate it. #### **f. Memorial Services** Unlicensed individuals may arrange, direct, or supervise a **memorial service** if: - They or their employer do not have charge of the body. - They have the legal right to control the body or are a noncompensated designee. Unlicensed individuals cannot take charge of a body unless they meet the specific criteria outlined above. --- ### **4. Nonlimiting Provisions** This chapter does not restrict the authority of other officials or agencies, except as noted below: #### **a. General Authority** The powers of the following entities remain unaffected: - Commissioner of Health - Commissioner of Commerce - State Attorney General - County Attorneys #### **b. County Transportation Standards** Counties may establish **transportation standards** for moving bodies from death scenes to autopsy locations. However, these standards cannot require the transporter to be a licensed funeral director. A county may mandate specific vehicle types for body transport but cannot require the driver to hold a funeral director's license. --- ## Key Takeaways - Handling deceased bodies in Minnesota is highly regulated to ensure public health and safety. - Licensure is required for most activities, but there are specific exceptions for professionals, cultural practices, and noncompensated individuals. - Interns, students, and transfer care specialists may operate without a license under supervision. - Counties can set transportation standards but cannot mandate licensure for transporters. Always verify whether an activity requires licensure or falls under an exception to avoid legal complications. --- ## Practice Questions 1. **True or False:** A licensed ambulance worker transporting a body from a death scene requires a funeral director's license. - **Answer:** False. Licensed ambulance personnel are exempt. 2. **Scenario:** A family member wishes to transport a deceased relative's body to a funeral home. What conditions must they meet to do so legally? - **Answer:** They must have the legal right to control the body, act without compensation, and comply with all other provisions of the chapter. 3. **Multiple Choice:** Which of the following individuals is NOT required to hold a license under this chapter? - a) A coroner transporting a body for autopsy - b) A mortuary science student assisting with embalming under supervision - c) A funeral director arranging a graveside service - d) A family member preparing a body for disposition without embalming - **Answer:** c) A funeral director arranging a graveside service (requires licensure). --- Understanding the nuances of this chapter is essential for professionals and individuals involved in the handling of deceased bodies in Minnesota.