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scs-hhs-healthdept--art12

A bill for an act
relating to BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
425.12ARTICLE 12
425.13HEALTH DEPARTMENT

425.14    Section 1. Minnesota Statutes 2012, section 62J.692, subdivision 1, is amended to read:
425.15    Subdivision 1. Definitions. For purposes of this section, the following definitions
425.16apply:
425.17    (a) "Accredited clinical training" means the clinical training provided by a medical
425.18education program that is accredited through an organization recognized by the Department
425.19of Education, the Centers for Medicare and Medicaid Services, or another national body
425.20who reviews the accrediting organizations for multiple disciplines and whose standards
425.21for recognizing accrediting organizations are reviewed and approved by the commissioner
425.22of health in consultation with the Medical Education and Research Advisory Committee.
425.23    (b) "Commissioner" means the commissioner of health.
425.24    (c) "Clinical medical education program" means the accredited clinical training of
425.25physicians (medical students and residents), doctor of pharmacy practitioners, doctors
425.26of chiropractic, dentists, advanced practice nurses (clinical nurse specialists, certified
425.27registered nurse anesthetists, nurse practitioners, and certified nurse midwives), and
425.28 physician assistants, dental therapists and advanced dental therapists, psychologists,
425.29clinical social workers, community paramedics, and community health workers.
425.30    (d) "Sponsoring institution" means a hospital, school, or consortium located in
425.31Minnesota that sponsors and maintains primary organizational and financial responsibility
425.32for a clinical medical education program in Minnesota and which is accountable to the
425.33accrediting body.
426.1    (e) "Teaching institution" means a hospital, medical center, clinic, or other
426.2organization that conducts a clinical medical education program in Minnesota.
426.3    (f) "Trainee" means a student or resident involved in a clinical medical education
426.4program.
426.5    (g) "Eligible trainee FTE's" means the number of trainees, as measured by full-time
426.6equivalent counts, that are at training sites located in Minnesota with currently active
426.7medical assistance enrollment status and a National Provider Identification (NPI) number
426.8where training occurs in either an inpatient or ambulatory patient care setting and where
426.9the training is funded, in part, by patient care revenues. Training that occurs in nursing
426.10facility settings is not eligible for funding under this section.

426.11    Sec. 2. Minnesota Statutes 2012, section 62J.692, subdivision 3, is amended to read:
426.12    Subd. 3. Application process. (a) A clinical medical education program conducted
426.13in Minnesota by a teaching institution to train physicians, doctor of pharmacy practitioners,
426.14dentists, chiropractors, or physician assistants is, dental therapists and advanced dental
426.15therapists, psychologists, clinical social workers, community paramedics, or community
426.16health workers are eligible for funds under subdivision 4 if the program:
426.17(1) is funded, in part, by patient care revenues;
426.18(2) occurs in patient care settings that face increased financial pressure as a result
426.19of competition with nonteaching patient care entities; and
426.20(3) emphasizes primary care or specialties that are in undersupply in Minnesota.
426.21(b) A clinical medical education program for advanced practice nursing is eligible for
426.22funds under subdivision 4 if the program meets the eligibility requirements in paragraph
426.23(a), clauses (1) to (3), and is sponsored by the University of Minnesota Academic Health
426.24Center, the Mayo Foundation, or institutions that are part of the Minnesota State Colleges
426.25and Universities system or members of the Minnesota Private College Council.
426.26(c) Applications must be submitted to the commissioner by a sponsoring institution
426.27on behalf of an eligible clinical medical education program and must be received by
426.28October 31 of each year for distribution in the following year. An application for funds
426.29must contain the following information:
426.30(1) the official name and address of the sponsoring institution and the official
426.31name and site address of the clinical medical education programs on whose behalf the
426.32sponsoring institution is applying;
426.33(2) the name, title, and business address of those persons responsible for
426.34administering the funds;
427.1(3) for each clinical medical education program for which funds are being sought;
427.2the type and specialty orientation of trainees in the program; the name, site address, and
427.3medical assistance provider number and national provider identification number of each
427.4training site used in the program; the federal tax identification number of each training site
427.5used in the program, where available; the total number of trainees at each training site; and
427.6the total number of eligible trainee FTEs at each site; and
427.7(4) other supporting information the commissioner deems necessary to determine
427.8program eligibility based on the criteria in paragraphs (a) and (b) and to ensure the
427.9equitable distribution of funds.
427.10(d) An application must include the information specified in clauses (1) to (3) for
427.11each clinical medical education program on an annual basis for three consecutive years.
427.12After that time, an application must include the information specified in clauses (1) to (3)
427.13when requested, at the discretion of the commissioner:
427.14(1) audited clinical training costs per trainee for each clinical medical education
427.15program when available or estimates of clinical training costs based on audited financial
427.16data;
427.17(2) a description of current sources of funding for clinical medical education costs,
427.18including a description and dollar amount of all state and federal financial support,
427.19including Medicare direct and indirect payments; and
427.20(3) other revenue received for the purposes of clinical training.
427.21(e) An applicant that does not provide information requested by the commissioner
427.22shall not be eligible for funds for the current funding cycle.

427.23    Sec. 3. Minnesota Statutes 2012, section 62J.692, subdivision 4, is amended to read:
427.24    Subd. 4. Distribution of funds. (a) The commissioner shall annually distribute the
427.25available medical education funds to all qualifying applicants based on a distribution
427.26formula that reflects a summation of two factors:
427.27    (1) a public program volume factor, which is determined by the total volume of
427.28public program revenue received by each training site as a percentage of all public
427.29program revenue received by all training sites in the fund pool; and
427.30    (2) a supplemental public program volume factor, which is determined by providing
427.31a supplemental payment of 20 percent of each training site's grant to training sites whose
427.32public program revenue accounted for at least 0.98 percent of the total public program
427.33revenue received by all eligible training sites. Grants to training sites whose public
427.34program revenue accounted for less than 0.98 percent of the total public program revenue
428.1received by all eligible training sites shall be reduced by an amount equal to the total
428.2value of the supplemental payment.
428.3    Public program revenue for the distribution formula includes revenue from medical
428.4assistance, prepaid medical assistance, general assistance medical care, and prepaid
428.5general assistance medical care. Training sites that receive no public program revenue
428.6are ineligible for funds available under this subdivision. For purposes of determining
428.7training-site level grants to be distributed under paragraph (a), total statewide average
428.8costs per trainee for medical residents is based on audited clinical training costs per trainee
428.9in primary care clinical medical education programs for medical residents. Total statewide
428.10average costs per trainee for dental residents is based on audited clinical training costs
428.11per trainee in clinical medical education programs for dental students. Total statewide
428.12average costs per trainee for pharmacy residents is based on audited clinical training costs
428.13per trainee in clinical medical education programs for pharmacy students. Training sites
428.14whose training site level grant is less than $1,000 $5,000, based on the formula described
428.15in this paragraph, or that train fewer than 0.1 FTE eligible trainees, are ineligible for
428.16funds available under this subdivision. No training sites shall receive a grant per FTE
428.17trainee that is in excess of the 95th percentile grant per FTE across all eligible training
428.18sites; grants in excess of this amount will be redistributed to other eligible sites based on
428.19the formula described in this paragraph.
428.20    (b) Funds distributed shall not be used to displace current funding appropriations
428.21from federal or state sources.
428.22    (c) Funds shall be distributed to the sponsoring institutions indicating the amount
428.23to be distributed to each of the sponsor's clinical medical education programs based on
428.24the criteria in this subdivision and in accordance with the commissioner's approval letter.
428.25Each clinical medical education program must distribute funds allocated under paragraph
428.26(a) to the training sites as specified in the commissioner's approval letter. Sponsoring
428.27institutions, which are accredited through an organization recognized by the Department
428.28of Education or the Centers for Medicare and Medicaid Services, may contract directly
428.29with training sites to provide clinical training. To ensure the quality of clinical training,
428.30those accredited sponsoring institutions must:
428.31    (1) develop contracts specifying the terms, expectations, and outcomes of the clinical
428.32training conducted at sites; and
428.33    (2) take necessary action if the contract requirements are not met. Action may include
428.34the withholding of payments under this section or the removal of students from the site.
428.35    (d) Use of funds is limited to expenses related to clinical training program costs for
428.36eligible programs.
429.1    (e) Any funds not distributed in accordance with the commissioner's approval letter
429.2must be returned to the medical education and research fund within 30 days of receiving
429.3notice from the commissioner. The commissioner shall distribute returned funds to the
429.4appropriate training sites in accordance with the commissioner's approval letter.
429.5    (e) (f) A maximum of $150,000 of the funds dedicated to the commissioner
429.6under section 297F.10, subdivision 1, clause (2), may be used by the commissioner for
429.7administrative expenses associated with implementing this section.

429.8    Sec. 4. Minnesota Statutes 2012, section 62J.692, subdivision 5, is amended to read:
429.9    Subd. 5. Report. (a) Sponsoring institutions receiving funds under this section
429.10must sign and submit a medical education grant verification report (GVR) to verify that
429.11the correct grant amount was forwarded to each eligible training site. If the sponsoring
429.12institution fails to submit the GVR by the stated deadline, or to request and meet
429.13the deadline for an extension, the sponsoring institution is required to return the full
429.14amount of funds received to the commissioner within 30 days of receiving notice from
429.15the commissioner. The commissioner shall distribute returned funds to the appropriate
429.16training sites in accordance with the commissioner's approval letter.
429.17    (b) The reports must provide verification of the distribution of the funds and must
429.18include:
429.19    (1) the total number of eligible trainee FTEs in each clinical medical education
429.20program;
429.21    (2) the name of each funded program and, for each program, the dollar amount
429.22distributed to each training site and a training site expenditure report;
429.23    (3) documentation of any discrepancies between the initial grant distribution notice
429.24included in the commissioner's approval letter and the actual distribution;
429.25    (4) a statement by the sponsoring institution stating that the completed grant
429.26verification report is valid and accurate; and
429.27    (5) other information the commissioner, with advice from the advisory committee,
429.28 deems appropriate to evaluate the effectiveness of the use of funds for medical education.
429.29    (c) By February 15 of Each year, the commissioner, with advice from the
429.30advisory committee, shall provide an annual summary report to the legislature on the
429.31implementation of this section.

429.32    Sec. 5. Minnesota Statutes 2012, section 62J.692, subdivision 7a, is amended to read:
429.33    Subd. 7a. Clinical medical education innovations grants. (a) The commissioner
429.34shall award grants to teaching institutions and clinical training sites for projects that
430.1increase dental access for underserved populations and promote innovative clinical
430.2training of dental professionals.
430.3(b) $1,000,000 of the funds dedicated to the commissioner under section 297F.10,
430.4subdivision 1, clause (2), plus any federal financial participation on these funds, shall
430.5be distributed by the commissioner for primary care development grants pursuant to
430.6paragraph (b), clause (2).
430.7(c) The commissioner shall award grants to teaching institutions and clinical training
430.8sites for projects that increase the supply and availability of primary care providers for
430.9public program enrollees, improve access for underserved and rural populations, and
430.10promote interdisciplinary and team training of primary care providers and related personnel.
430.11(d) In awarding the grants, the commissioner, in consultation with the commissioner
430.12of human services, shall consider the following:
430.13(1) potential to successfully increase access to an underserved population;
430.14(2) the long-term viability of the project to improve access beyond the period
430.15of initial funding;
430.16(3) evidence of collaboration between the applicant and local communities;
430.17(4) the efficiency in the use of the funding; and
430.18(5) the priority level of the project in relation to state clinical education, access,
430.19and workforce goals.
430.20(b) (e) The commissioner shall periodically evaluate the priorities in awarding the
430.21innovations grants in order to ensure that the priorities meet the changing workforce
430.22needs of the state.

430.23    Sec. 6. Minnesota Statutes 2012, section 62J.692, subdivision 9, is amended to read:
430.24    Subd. 9. Review of eligible providers. The commissioner and the Medical
430.25Education and Research Costs Advisory Committee may review provider groups included
430.26in the definition of a clinical medical education program to assure that the distribution
430.27of the funds continue to be consistent with the purpose of this section. The results of
430.28any such reviews must be reported to the chairs and ranking minority members of the
430.29legislative committees with jurisdiction over health care policy and finance.

430.30    Sec. 7. Minnesota Statutes 2012, section 62J.692, is amended by adding a subdivision
430.31to read:
430.32    Subd. 11. Distribution of funds. If federal approval is not received for the formula
430.33described in subdivision 4, paragraph (a), 100 percent of available medical education
431.1and research funds shall be distributed based on a distribution formula that reflects as
431.2summation of two factors:
431.3(1) a public program volume factor, that is determined by the total volume of public
431.4program revenue received by each training site as a percentage of all public program
431.5revenue received by all training sites in the fund pool; and
431.6(2) a supplemental public program volume factor, that is determined by providing a
431.7supplemental payment of 20 percent of each training site's grant to training sites whose
431.8public program revenue accounted for a least 0.98 percent of the total public program
431.9revenue received by all eligible training sites. Grants to training sites whose public
431.10program revenue accounted for less than 0.98 percent of the total public program revenue
431.11received by all eligible training sites shall be reduced by an amount equal to the total
431.12value of the supplemental payment.

431.13    Sec. 8. Minnesota Statutes 2012, section 62Q.19, subdivision 1, is amended to read:
431.14    Subdivision 1. Designation. (a) The commissioner shall designate essential
431.15community providers. The criteria for essential community provider designation shall be
431.16the following:
431.17(1) a demonstrated ability to integrate applicable supportive and stabilizing services
431.18with medical care for uninsured persons and high-risk and special needs populations,
431.19underserved, and other special needs populations; and
431.20(2) a commitment to serve low-income and underserved populations by meeting the
431.21following requirements:
431.22(i) has nonprofit status in accordance with chapter 317A;
431.23(ii) has tax-exempt status in accordance with the Internal Revenue Service Code,
431.24section 501(c)(3);
431.25(iii) charges for services on a sliding fee schedule based on current poverty income
431.26guidelines; and
431.27(iv) does not restrict access or services because of a client's financial limitation;
431.28(3) status as a local government unit as defined in section 62D.02, subdivision 11, a
431.29hospital district created or reorganized under sections 447.31 to 447.37, an Indian tribal
431.30government, an Indian health service unit, or a community health board as defined in
431.31chapter 145A;
431.32(4) a former state hospital that specializes in the treatment of cerebral palsy, spina
431.33bifida, epilepsy, closed head injuries, specialized orthopedic problems, and other disabling
431.34conditions;
432.1(5) a sole community hospital. For these rural hospitals, the essential community
432.2provider designation applies to all health services provided, including both inpatient and
432.3outpatient services. For purposes of this section, "sole community hospital" means a
432.4rural hospital that:
432.5(i) is eligible to be classified as a sole community hospital according to Code
432.6of Federal Regulations, title 42, section 412.92, or is located in a community with a
432.7population of less than 5,000 and located more than 25 miles from a like hospital currently
432.8providing acute short-term services;
432.9(ii) has experienced net operating income losses in two of the previous three
432.10most recent consecutive hospital fiscal years for which audited financial information is
432.11available; and
432.12(iii) consists of 40 or fewer licensed beds; or
432.13(6) a birth center licensed under section 144.615; or
432.14(7) a hospital or affiliated specialty clinic that:
432.15(i) serves patients who are predominately under the age of 21;
432.16(ii) provides intensive specialty pediatric services that are only routinely provided
432.17in less than five hospitals in the state; and
432.18(iii) serves children from at least half the counties in the state.
432.19(b) Prior to designation, the commissioner shall publish the names of all applicants
432.20in the State Register. The public shall have 30 days from the date of publication to submit
432.21written comments to the commissioner on the application. No designation shall be made
432.22by the commissioner until the 30-day period has expired.
432.23(c) The commissioner may designate an eligible provider as an essential community
432.24provider for all the services offered by that provider or for specific services designated by
432.25the commissioner.
432.26(d) For the purpose of this subdivision, supportive and stabilizing services include at
432.27a minimum, transportation, child care, cultural, and linguistic services where appropriate.

432.28    Sec. 9. Minnesota Statutes 2012, section 103I.005, is amended by adding a subdivision
432.29to read:
432.30    Subd. 1a. Bored geothermal heat exchanger. "Bored geothermal heat exchanger"
432.31means an earth-coupled heating or cooling device consisting of a sealed closed-loop
432.32piping system installed in a boring in the ground to transfer heat to or from the surrounding
432.33earth with no discharge.

432.34    Sec. 10. Minnesota Statutes 2012, section 103I.521, is amended to read:
433.1103I.521 FEES DEPOSITED WITH COMMISSIONER OF MANAGEMENT
433.2AND BUDGET.
433.3Unless otherwise specified, fees collected for licenses or registration by the
433.4commissioner under this chapter shall be deposited in the state treasury and credited to
433.5the state government special revenue fund.

433.6    Sec. 11. Minnesota Statutes 2012, section 144.123, subdivision 1, is amended to read:
433.7    Subdivision 1. Who must pay. Except for the limitation contained in this section,
433.8the commissioner of health shall charge a handling fee may enter into a contractual
433.9agreement to recover costs incurred for analysis for diagnostic purposes for each specimen
433.10submitted to the Department of Health for analysis for diagnostic purposes by any hospital,
433.11private laboratory, private clinic, or physician. No fee shall be charged to any entity which
433.12receives direct or indirect financial assistance from state or federal funds administered by
433.13the Department of Health, including any public health department, nonprofit community
433.14clinic, sexually transmitted disease clinic, or similar entity. No fee will be charged The
433.15commissioner shall not charge for any biological materials submitted to the Department
433.16of Health as a requirement of Minnesota Rules, part 4605.7040, or for those biological
433.17materials requested by the department to gather information for disease prevention or
433.18control purposes. The commissioner of health may establish other exceptions to the
433.19handling fee as may be necessary to protect the public's health. All fees collected pursuant
433.20to this section shall be deposited in the state treasury and credited to the state government
433.21special revenue fund. Funds generated in a contractual agreement made pursuant to this
433.22section shall be deposited in a special account and are appropriated to the commissioner
433.23for purposes of providing the services specified in the contracts. All such contractual
433.24agreements shall be processed in accordance with the provisions of chapter 16C.
433.25EFFECTIVE DATE.This section is effective July 1, 2014.

433.26    Sec. 12. Minnesota Statutes 2012, section 144.125, subdivision 1, is amended to read:
433.27    Subdivision 1. Duty to perform testing. (a) It is the duty of (1) the administrative
433.28officer or other person in charge of each institution caring for infants 28 days or less
433.29of age, (2) the person required in pursuance of the provisions of section 144.215, to
433.30register the birth of a child, or (3) the nurse midwife or midwife in attendance at the
433.31birth, to arrange to have administered to every infant or child in its care tests for heritable
433.32and congenital disorders according to subdivision 2 and rules prescribed by the state
433.33commissioner of health.
434.1    (b) Testing and the, recording and of test results, reporting of test results, and
434.2follow-up of infants with heritable congenital disorders, including hearing loss detected
434.3through the early hearing detection and intervention program in section 144.966, shall be
434.4performed at the times and in the manner prescribed by the commissioner of health. The
434.5commissioner shall charge a fee so that the total of fees collected will approximate the
434.6costs of conducting the tests and implementing and maintaining a system to follow-up
434.7infants with heritable or congenital disorders, including hearing loss detected through the
434.8early hearing detection and intervention program under section 144.966.
434.9    (c) The fee is $101 per specimen. Effective July 1, 2010, the fee shall be increased
434.10to $106 to support the newborn screening program, including tests administered under
434.11this section and section 144.966, shall be $135 per specimen. The increased fee amount
434.12shall be deposited in the general fund. Costs associated with capital expenditures and
434.13the development of new procedures may be prorated over a three-year period when
434.14calculating the amount of the fees. This fee amount shall be deposited in the state treasury
434.15and credited to the state government special revenue fund.
434.16(d) The fee to offset the cost of the support services provided under section 144.966,
434.17subdivision 3a, shall be $5 per specimen. This fee shall be deposited in the state treasury
434.18and credited to the general fund.

434.19    Sec. 13. [144.1251] NEWBORN SCREENING FOR CRITICAL CONGENITAL
434.20HEART DISEASE (CCHD).
434.21    Subdivision 1. Required testing and reporting. (a) Each licensed hospital or
434.22state-licensed birthing center or facility that provides maternity and newborn care services
434.23shall provide screening for congenital heart disease to all newborns prior to discharge
434.24using pulse oximetry screening. The screening must occur after the infant is 24 hours old,
434.25before discharge from the nursery. If discharge occurs before the infant is 24 hours old,
434.26the screening must occur as close as possible to the time of discharge.
434.27(b) For premature infants (less than 36 weeks of gestation) and infants admitted to a
434.28higher-level nursery (special care or intensive care), pulse oximetry must be performed
434.29when medically appropriate prior to discharge.
434.30(c) Results of the screening must be reported to the Department of Health.
434.31    Subd. 2. Implementation. The Department of Health shall:
434.32(1) communicate the screening protocol requirements;
434.33(2) make information and forms available to the hospitals, birthing centers, and other
434.34facilities that are required to provide the screening, health care providers who provide
434.35prenatal care and care to newborns, and expectant parents and parents of newborns. The
435.1information and forms must include screening protocol and reporting requirements and
435.2parental options;
435.3(3) provide training to ensure compliance with and appropriate implementation of
435.4the screening;
435.5(4) establish the mechanism for the required data collection and reporting of
435.6screening and follow-up diagnostic results to the Department of Health according to the
435.7Department of Health's recommendations;
435.8(5) coordinate the implementation of universal standardized screening;
435.9(6) act as a resource for providers as the screening program is implemented, and in
435.10consultation with the Advisory Committee on Heritable and Congenital Disorders, develop
435.11and implement policies for early medical and developmental intervention services and
435.12long-term follow-up services for children and their families identified with a CCHD; and
435.13(7) comply with sections 144.125 to 144.128.

435.14    Sec. 14. Minnesota Statutes 2012, section 144.212, is amended to read:
435.15144.212 DEFINITIONS.
435.16    Subdivision 1. Scope. As used in sections 144.211 to 144.227, the following terms
435.17have the meanings given.
435.18    Subd. 1a. Amendment. "Amendment" means completion or correction of made
435.19to certification items on a vital record. after a certification has been issued or more
435.20than one year after the event, whichever occurs first, that does not result in a sealed or
435.21replaced record.
435.22    Subd. 1b. Authorized representative. "Authorized representative" means an agent
435.23designated in a written and witnessed statement signed by the subject of the record or
435.24other qualified applicant.
435.25    Subd. 1c. Certification item. "Certification item" means all individual items
435.26appearing on a certificate of birth and the demographic and legal items on a certificate
435.27of death.
435.28    Subd. 2. Commissioner. "Commissioner" means the commissioner of health.
435.29    Subd. 2a. Correction. "Correction" means a change made to a noncertification
435.30item, including information collected for medical and statistical purposes. A correction
435.31also means a change to a certification item within one year of the event provided that no
435.32certification, whether paper or electronic, has been issued.
435.33    Subd. 2b. Court of competent jurisdiction. "Court of competent jurisdiction"
435.34means a court within the United States with jurisdiction over the individual and such other
435.35individuals that the court deems necessary.
436.1    Subd. 2a 2c. Delayed registration. "Delayed registration" means registration of a
436.2record of birth or death filed one or more years after the date of birth or death.
436.3    Subd. 2d. Disclosure. "Disclosure" means to make available or make known
436.4personally identifiable information contained in a vital record, by any means of
436.5communication.
436.6    Subd. 3. File. "File" means to present a vital record or report for registration to the
436.7Office of the State Registrar Vital Records and to have the vital record or report accepted
436.8for registration by the Office of the State Registrar Vital Records.
436.9    Subd. 4. Final disposition. "Final disposition" means the burial, interment,
436.10cremation, removal from the state, or other authorized disposition of a dead body or
436.11dead fetus.
436.12    Subd. 4a. Institution. "Institution" means a public or private establishment that:
436.13(1) provides inpatient or outpatient medical, surgical, or diagnostic care or treatment;
436.14or
436.15(2) provides nursing, custodial, or domiciliary care, or to which persons are
436.16committed by law.
436.17    Subd. 4b. Legal representative. "Legal representative" means a licensed attorney
436.18representing an individual.
436.19    Subd. 4c. Local issuance office. "Local issuance office" means a county
436.20governmental office authorized by the state registrar to issue certified birth and death
436.21records.
436.22    Subd. 4d. Record. "Record" means a report of a vital event that has been registered
436.23by the state registrar.
436.24    Subd. 5. Registration. "Registration" means the process by which vital records
436.25are completed, filed, and incorporated into the official records of the Office of the State
436.26Registrar.
436.27    Subd. 6. State registrar. "State registrar" means the commissioner of health or a
436.28designee.
436.29    Subd. 7. System of vital statistics. "System of vital statistics" includes the
436.30registration, collection, preservation, amendment, verification, the maintenance of the
436.31security and integrity of, and certification of vital records, the collection of other reports
436.32required by sections 144.211 to 144.227, and related activities including the tabulation,
436.33analysis, publication, and dissemination of vital statistics.
436.34    Subd. 7a. Verification. "Verification" means a confirmation of the information on a
436.35vital record based on the facts contained in a certification.
437.1    Subd. 8. Vital record. "Vital record" means a record or report of birth, stillbirth,
437.2death, marriage, dissolution and annulment, and data related thereto. The birth record is
437.3not a medical record of the mother or the child.
437.4    Subd. 9. Vital statistics. "Vital statistics" means the data derived from records and
437.5reports of birth, death, fetal death, induced abortion, marriage, dissolution and annulment,
437.6and related reports.
437.7    Subd. 10. Local registrar. "Local registrar" means an individual designated under
437.8section 144.214, subdivision 1, to perform the duties of a local registrar.
437.9    Subd. 11. Consent to disclosure. "Consent to disclosure" means an affidavit filed
437.10with the state registrar which sets forth the following information:
437.11(1) the current name and address of the affiant;
437.12(2) any previous name by which the affiant was known;
437.13(3) the original and adopted names, if known, of the adopted child whose original
437.14birth record is to be disclosed;
437.15(4) the place and date of birth of the adopted child;
437.16(5) the biological relationship of the affiant to the adopted child; and
437.17(6) the affiant's consent to disclosure of information from the original birth record of
437.18the adopted child.

437.19    Sec. 15. Minnesota Statutes 2012, section 144.213, is amended to read:
437.20144.213 OFFICE OF THE STATE REGISTRAR VITAL RECORDS.
437.21    Subdivision 1. Creation; state registrar; Office of Vital Records. The
437.22commissioner shall establish an Office of the State Registrar Vital Records under the
437.23supervision of the state registrar. The commissioner shall furnish to local registrars the
437.24forms necessary for correct reporting of vital statistics, and shall instruct the local registrars
437.25in the collection and compilation of the data. The commissioner shall promulgate rules for
437.26the collection, filing, and registering of vital statistics information by the state and local
437.27registrars registrar, physicians, morticians, and others. Except as otherwise provided in
437.28sections 144.211 to 144.227, rules previously promulgated by the commissioner relating to
437.29the collection, filing and registering of vital statistics shall remain in effect until repealed,
437.30modified or superseded by a rule promulgated by the commissioner.
437.31    Subd. 2. General duties. (a) The state registrar shall coordinate the work of
437.32local registrars to maintain a statewide system of vital statistics. The state registrar is
437.33responsible for the administration and enforcement of sections 144.211 to 144.227, and
437.34shall supervise local registrars in the enforcement of sections 144.211 to 144.227 and the
437.35rules promulgated thereunder. Local issuance offices that fail to comply with the statutes
438.1or rules or to properly train employees may have their issuance privileges and access to
438.2the vital records system revoked.
438.3(b) To preserve vital records the state registrar is authorized to prepare typewritten,
438.4photographic, electronic or other reproductions of original records and files in the Office
438.5of Vital Records. The reproductions when certified by the state registrar shall be accepted
438.6as the original records.
438.7(c) The state registrar shall also:
438.8(1) establish, designate, and eliminate offices in the state to aid in the efficient
438.9issuance of vital records;
438.10(2) direct the activities of all persons engaged in activities pertaining to the operation
438.11of the system of vital statistics;
438.12(3) develop and conduct training programs to promote uniformity of policy and
438.13procedures throughout the state in matters pertaining to the system of vital statistics; and
438.14(4) prescribe, furnish, and distribute all forms required by sections 144.211 to
438.15144.227 and any rules adopted under these sections, and prescribe other means for the
438.16transmission of data, including electronic submission, that will accomplish the purpose of
438.17complete, accurate, and timely reporting and registration.
438.18    Subd. 3. Record keeping. To preserve vital records the state registrar is authorized
438.19to prepare typewritten, photographic, electronic or other reproductions of original records
438.20and files in the Office of the State Registrar. The reproductions when certified by the state
438.21or local registrar shall be accepted as the original records.

438.22    Sec. 16. [144.2131] SECURITY OF VITAL RECORDS SYSTEM.
438.23The state registrar shall:
438.24(1) authenticate all users of the system of vital statistics and document that all users
438.25require access based on their official duties;
438.26(2) authorize authenticated users of the system of vital statistics to access specific
438.27components of the vital statistics systems necessary for their official roles and duties;
438.28(3) establish separation of duties between staff roles that may be susceptible to fraud
438.29or misuse and routinely perform audits of staff work for the purposes of identifying fraud
438.30or misuse within the vital statistics system;
438.31(4) require that authenticated and authorized users of the system of vital
438.32statistics maintain a specified level of training related to security and provide written
438.33acknowledgment of security procedures and penalties;
439.1(5) validate data submitted for registration through site visits or with independent
439.2sources outside the registration system at a frequency specified by the state registrar to
439.3maximize the integrity of the data collected;
439.4(6) protect personally identifiable information and maintain systems pursuant to
439.5applicable state and federal laws;
439.6(7) accept a report of death if the decedent was born in Minnesota or if the decedent
439.7was a resident of Minnesota from the United States Department of Defense or the United
439.8States Department of State when the death of a United States citizen occurs outside the
439.9United States;
439.10(8) match death records registered in Minnesota and death records provided from
439.11other jurisdictions to live birth records in Minnesota;
439.12(9) match death records received from the United States Department of Defense
439.13or the United States Department of State for deaths of United States citizens occurring
439.14outside the United States to live birth records in Minnesota;
439.15(10) work with law enforcement to initiate and provide evidence for active fraud
439.16investigations;
439.17(11) provide secure workplace, storage, and technology environments that have
439.18limited role-based access;
439.19(12) maintain overt, covert, and forensic security measures for certifications,
439.20verifications, and automated systems that are part of the vital statistics system; and
439.21(13) comply with applicable state and federal laws and rules associated with
439.22information technology systems and related information security requirements.

439.23    Sec. 17. Minnesota Statutes 2012, section 144.215, subdivision 3, is amended to read:
439.24    Subd. 3. Father's name; child's name. In any case in which paternity of a child is
439.25determined by a court of competent jurisdiction, a declaration of parentage is executed
439.26under section 257.34, or a recognition of parentage is executed under section 257.75, the
439.27name of the father shall be entered on the birth record. If the order of the court declares
439.28the name of the child, it shall also be entered on the birth record. If the order of the court
439.29does not declare the name of the child, or there is no court order, then upon the request of
439.30both parents in writing, the surname of the child shall be defined by both parents.

439.31    Sec. 18. Minnesota Statutes 2012, section 144.215, subdivision 4, is amended to read:
439.32    Subd. 4. Social Security number registration. (a) Parents of a child born within
439.33this state shall give the parents' Social Security numbers to the Office of the State Registrar
440.1 Vital Records at the time of filing the birth record, but the numbers shall not appear on
440.2the certified record.
440.3(b) The Social Security numbers are classified as private data, as defined in section
440.413.02, subdivision 12, on individuals, but the Office of the State Registrar Vital Records
440.5 shall provide a Social Security number to the public authority responsible for child support
440.6services upon request by the public authority for use in the establishment of parentage and
440.7the enforcement of child support obligations.

440.8    Sec. 19. Minnesota Statutes 2012, section 144.216, subdivision 1, is amended to read:
440.9    Subdivision 1. Reporting a foundling. Whoever finds a live born infant of unknown
440.10parentage shall report within five days to the Office of the State Registrar Vital Records
440.11 such information as the commissioner may by rule require to identify the foundling.

440.12    Sec. 20. Minnesota Statutes 2012, section 144.217, subdivision 2, is amended to read:
440.13    Subd. 2. Court petition. If a delayed record of birth is rejected under subdivision
440.141, a person may petition the appropriate court in the county in which the birth allegedly
440.15occurred for an order establishing a record of the date and place of the birth and the
440.16parentage of the person whose birth is to be registered. The petition shall state:
440.17(1) that the person for whom a delayed record of birth is sought was born in this state;
440.18(2) that no record of birth can be found in the Office of the State Registrar Vital
440.19Records;
440.20(3) that diligent efforts by the petitioner have failed to obtain the evidence required
440.21in subdivision 1;
440.22(4) that the state registrar has refused to register a delayed record of birth; and
440.23(5) other information as may be required by the court.

440.24    Sec. 21. Minnesota Statutes 2012, section 144.218, subdivision 5, is amended to read:
440.25    Subd. 5. Replacement of vital records. Upon the order of a court of this state, upon
440.26the request of a court of another state, upon the filing of a declaration of parentage under
440.27section 257.34, or upon the filing of a recognition of parentage with a the state registrar, a
440.28replacement birth record must be registered consistent with the findings of the court, the
440.29declaration of parentage, or the recognition of parentage.

440.30    Sec. 22. [144.2181] AMENDMENT AND CORRECTION OF VITAL RECORDS.
441.1(a) A vital record registered under sections 144.212 to 144.227 may be amended
441.2or corrected only according to sections 144.212 to 144.227 and rules adopted by the
441.3commissioner of health to protect the integrity and accuracy of vital records.
441.4(b)(1) A vital record that is amended under this section shall indicate that it has been
441.5amended, except as otherwise provided in this section or by rule.
441.6(2) Electronic documentation shall be maintained by the state registrar that
441.7identifies the evidence upon which the amendment or correction was based, the date
441.8of the amendment or correction, and the identity of the authorized person making the
441.9amendment or correction.
441.10(c) Upon receipt of a certified copy of an order of a court of competent jurisdiction
441.11changing the name of a person whose birth is registered in Minnesota and upon request of
441.12such person if 18 years of age or older or having the status of emancipated minor, the state
441.13registrar shall amend the birth record to show the new name. If the person is a minor or
441.14an incapacitated person then a parent, guardian, or legal representative of the minor or
441.15incapacitated person may make the request.
441.16(d) When an applicant does not submit the minimum documentation required for
441.17amending a vital record or when the state registrar has cause to question the validity
441.18or completeness of the applicant's statements or the documentary evidence, and the
441.19deficiencies are not corrected, the state registrar shall not amend the vital record. The
441.20state registrar shall advise the applicant of the reason for this action and shall further
441.21advise the applicant of the right of appeal to a court with competent jurisdiction over
441.22the Department of Health.

441.23    Sec. 23. Minnesota Statutes 2012, section 144.226, is amended to read:
441.24144.226 FEES.
441.25    Subdivision 1. Which services are for fee. The fees for the following services shall
441.26be the following or an amount prescribed by rule of the commissioner:
441.27(a) The fee for the issuance of a certified vital record, a search for a vital record that
441.28cannot be issued, or a certification that the vital record cannot be found is $9. No fee shall be
441.29charged for a certified birth, stillbirth, or death record that is reissued within one year of the
441.30original issue, if an amendment is made to the vital record and if the previously issued vital
441.31record is surrendered. The fee is payable at the time of application and is nonrefundable.
441.32(b) The fee for processing a request for the replacement of a birth record for
441.33all events, except when filing a recognition of parentage pursuant to section 257.73,
441.34subdivision 1
, is $40. The fee is payable at the time of application and is nonrefundable.
442.1(c) The fee for reviewing and processing a request for the filing of a delayed
442.2registration of birth, stillbirth, or death is $40. The fee is payable at the time of application
442.3and is nonrefundable. This fee includes one subsequent review of the request if the request
442.4is not acceptable upon the initial receipt.
442.5(d) The fee for reviewing and processing a request for the amendment of any vital
442.6record when requested more than 45 days after the filing of the vital record is $40. No fee
442.7shall be charged for an amendment requested within 45 days after the filing of the vital
442.8record. The fee is payable at the time of application and is nonrefundable. This fee includes
442.9one subsequent review of the request if the request is not acceptable upon the initial receipt.
442.10(e) The fee for reviewing and processing a request for the verification of information
442.11from vital records is $9 when the applicant furnishes the specific information to locate
442.12the vital record. When the applicant does not furnish specific information, the fee is
442.13$20 per hour for staff time expended. Specific information includes the correct date of
442.14the event and the correct name of the registrant subject of the record. Fees charged shall
442.15approximate the costs incurred in searching and copying the vital records. The fee is
442.16payable at the time of application and is nonrefundable.
442.17(f) The fee for reviewing and processing a request for the issuance of a copy of any
442.18document on file pertaining to a vital record or statement that a related document cannot
442.19be found is $9. The fee is payable at the time of application and is nonrefundable.
442.20    Subd. 2. Fees to state government special revenue fund. Fees collected under
442.21this section by the state registrar shall be deposited in the state treasury and credited to
442.22the state government special revenue fund.
442.23    Subd. 3. Birth record surcharge. (a) In addition to any fee prescribed under
442.24subdivision 1, there shall be a nonrefundable surcharge of $3 for each certified birth or
442.25stillbirth record and for a certification that the vital record cannot be found. The local or
442.26 state registrar or local issuance office shall forward this amount to the commissioner of
442.27management and budget for deposit into the account for the children's trust fund for the
442.28prevention of child abuse established under section 256E.22. This surcharge shall not be
442.29charged under those circumstances in which no fee for a certified birth or stillbirth record
442.30is permitted under subdivision 1, paragraph (a). Upon certification by the commissioner of
442.31management and budget that the assets in that fund exceed $20,000,000, this surcharge
442.32shall be discontinued.
442.33(b) In addition to any fee prescribed under subdivision 1, there shall be a
442.34nonrefundable surcharge of $10 for each certified birth record. The local or state registrar
442.35or local issuance office shall forward this amount to the commissioner of management and
442.36budget for deposit in the general fund. This surcharge shall not be charged under those
443.1circumstances in which no fee for a certified birth record is permitted under subdivision 1,
443.2paragraph (a).
443.3    Subd. 4. Vital records surcharge. (a) In addition to any fee prescribed under
443.4subdivision 1, there is a nonrefundable surcharge of $2 $4 for each certified and
443.5noncertified birth, stillbirth, or death record, and for a certification that the record cannot
443.6be found. The local issuance office or state registrar shall forward this amount to the
443.7commissioner of management and budget to be deposited into the state government special
443.8revenue fund. This surcharge shall not be charged under those circumstances in which no
443.9fee for a birth, stillbirth, or death record is permitted under subdivision 1, paragraph (a).
443.10(b) Effective August 1, 2005, the surcharge in paragraph (a) is $4.
443.11    Subd. 5. Electronic verification. A fee for the electronic verification or electronic
443.12certification of a vital event, when the information being verified or certified is obtained
443.13from a certified birth or death record, shall be established through contractual or
443.14interagency agreements with interested local, state, or federal government agencies.
443.15    Subd. 6. Alternative payment methods. Notwithstanding subdivision 1, alternative
443.16payment methods may be approved and implemented by the state registrar or a local
443.17registrar issuance office.

443.18    Sec. 24. [144.492] DEFINITIONS.
443.19    Subdivision 1. Applicability. For the purposes of sections 144.492 to 144.494, the
443.20terms defined in this section have the meanings given them.
443.21    Subd. 2. Commissioner. "Commissioner" means the commissioner of health.
443.22    Subd. 3. Joint commission. "Joint commission" means the independent,
443.23not-for-profit organization that accredits and certifies health care organizations and
443.24programs in the United States.
443.25    Subd. 4. Stroke. "Stroke" means the sudden death of brain cells in a localized
443.26area due to inadequate blood flow.

443.27    Sec. 25. [144.493] CRITERIA.
443.28    Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a
443.29comprehensive stroke center if the hospital has been certified as a comprehensive stroke
443.30center by the joint commission or another nationally recognized accreditation entity.
443.31    Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke
443.32center if the hospital has been certified as a primary stroke center by the joint commission
443.33or another nationally recognized accreditation entity.
444.1    Subd. 3. Acute stroke ready hospital. A hospital meets the criteria for an acute
444.2stroke ready hospital if the hospital has the following elements of an acute stroke ready
444.3hospital:
444.4(1) an acute stroke team available or on-call 24 hours a days, seven days a week;
444.5(2) written stroke protocols, including triage, stabilization of vital functions, initial
444.6diagnostic tests, and use of medications;
444.7(3) a written plan and letter of cooperation with emergency medical services regarding
444.8triage and communication that are consistent with regional patient care procedures;
444.9(4) emergency department personnel who are trained in diagnosing and treating
444.10acute stroke;
444.11(5) the capacity to complete basic laboratory tests, electrocardiograms, and chest
444.12x-rays 24 hours a day, seven days a week;
444.13(6) the capacity to perform and interpret brain injury imaging studies 24 hours a
444.14days, seven days a week;
444.15(7) written protocols that detail available emergent therapies and reflect current
444.16treatment guidelines, which include performance measures and are revised at least annually;
444.17(8) a neurosurgery coverage plan, call schedule, and a triage and transportation plan;
444.18(9) transfer protocols and agreements for stroke patients; and
444.19(10) a designated medical director with experience and expertise in acute stroke care.

444.20    Sec. 26. [144.494] DESIGNATING STROKE HOSPITALS.
444.21    Subdivision 1. Naming privileges. Unless it has been designated a stroke hospital
444.22by the commissioner, the joint commission, or another nationally recognized accreditation
444.23entity, no hospital shall use the term "stroke center" or "stroke hospital" in its name or its
444.24advertising or shall otherwise indicate it has stroke treatment capabilities.
444.25    Subd. 2. Designation. A hospital that voluntarily meets the criteria for a
444.26comprehensive stroke center, primary stroke center, or acute stroke ready hospital may
444.27apply to the commissioner for designation, and upon the commissioner's review and
444.28approval of the application, shall be designated as a comprehensive stroke center, a
444.29primary stroke center, or an acute stroke ready hospital for a three-year period. If a hospital
444.30loses its certification as a comprehensive stroke center or primary stroke center from
444.31the joint commission or other nationally recognized accreditation entity, its Minnesota
444.32designation will be immediately withdrawn. Prior to the expiration of the three-year
444.33designation, a hospital seeking to remain part of the voluntary acute stroke system may
444.34reapply to the commissioner for designation.

445.1    Sec. 27. [144.554] HEALTH FACILITIES CONSTRUCTION PLAN
445.2SUBMITTAL AND FEES.
445.3For hospitals, nursing homes, boarding care homes, residential hospices, supervised
445.4living facilities, freestanding outpatient surgical centers, and end-stage renal disease
445.5facilities, the commissioner shall collect a fee for the review and approval of architectural,
445.6mechanical, and electrical plans and specifications submitted before construction begins
445.7for each project relative to construction of new buildings, additions to existing buildings,
445.8or for remodeling or alterations of existing buildings. All fees collected in this section
445.9shall be deposited in the state treasury and credited to the state government special revenue
445.10fund. Fees must be paid at the time of submission of final plans for review and are not
445.11refundable. The fee is calculated as follows:
445.12
Construction project total estimated cost
Fee
445.13
$0 - $10,000
$30
445.14
$10,001 - $50,000
$150
445.15
$50,001 - $100,000
$300
445.16
$100,001 - $150,000
$450
445.17
$150,001 - $200,000
$600
445.18
$200,001 - $250,000
$750
445.19
$250,001 - $300,000
$900
445.20
$300,001 - $350,000
$1,050
445.21
$350,001 - $400,000
$1,200
445.22
$400,001 - $450,000
$1,350
445.23
$450,001 - $500,000
$1,500
445.24
$500,001 - $550,000
$1,650
445.25
$550,001 - $600,000
$1,800
445.26
$600,001 - $650,000
$1,950
445.27
$650,001 - $700,000
$2,100
445.28
$700,001 - $750,000
$2,250
445.29
$750,001 - $800,000
$2,400
445.30
$800,001 - $850,000
$2,550
445.31
$850,001 - $900,000
$2,700
445.32
$900,001 - $950,000
$2,850
445.33
$950,001 - $1,000,000
$3,000
445.34
$1,000,001 - $1,050,000
$3,150
445.35
$1,050,001 - $1,100,000
$3,300
445.36
$1,100,001 - $1,150,000
$3,450
445.37
$1,150,001 - $1,200,000
$3,600
445.38
$1,200,001 - $1,250,000
$3,750
445.39
$1,250,001 - $1,300,000
$3,900
445.40
$1,300,001 - $1,350,000
$4,050
445.41
$1,350,001 - $1,400,000
$4,200
446.1
$1,400,001 - $1,450,000
$4,350
446.2
$1,450,001 - $1,500,000
$4,500
446.3
$1,500,001 and over
$4,800

446.4    Sec. 28. Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read:
446.5    Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The
446.6commissioner of health shall establish a Newborn Hearing Screening Advisory Committee
446.7to advise and assist the Department of Health and the Department of Education in:
446.8    (1) developing protocols and timelines for screening, rescreening, and diagnostic
446.9audiological assessment and early medical, audiological, and educational intervention
446.10services for children who are deaf or hard-of-hearing;
446.11    (2) designing protocols for tracking children from birth through age three that may
446.12have passed newborn screening but are at risk for delayed or late onset of permanent
446.13hearing loss;
446.14    (3) designing a technical assistance program to support facilities implementing the
446.15screening program and facilities conducting rescreening and diagnostic audiological
446.16assessment;
446.17    (4) designing implementation and evaluation of a system of follow-up and tracking;
446.18and
446.19    (5) evaluating program outcomes to increase effectiveness and efficiency and ensure
446.20culturally appropriate services for children with a confirmed hearing loss and their families.
446.21    (b) The commissioner of health shall appoint at least one member from each of the
446.22following groups with no less than two of the members being deaf or hard-of-hearing:
446.23    (1) a representative from a consumer organization representing culturally deaf
446.24persons;
446.25    (2) a parent with a child with hearing loss representing a parent organization;
446.26    (3) a consumer from an organization representing oral communication options;
446.27    (4) a consumer from an organization representing cued speech communication
446.28options;
446.29    (5) an audiologist who has experience in evaluation and intervention of infants
446.30and young children;
446.31    (6) a speech-language pathologist who has experience in evaluation and intervention
446.32of infants and young children;
446.33    (7) two primary care providers who have experience in the care of infants and young
446.34children, one of which shall be a pediatrician;
446.35    (8) a representative from the early hearing detection intervention teams;
447.1    (9) a representative from the Department of Education resource center for the deaf
447.2and hard-of-hearing or the representative's designee;
447.3    (10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing
447.4Minnesotans;
447.5    (11) a representative from the Department of Human Services Deaf and
447.6Hard-of-Hearing Services Division;
447.7    (12) one or more of the Part C coordinators from the Department of Education, the
447.8Department of Health, or the Department of Human Services or the department's designees;
447.9    (13) the Department of Health early hearing detection and intervention coordinators;
447.10    (14) two birth hospital representatives from one rural and one urban hospital;
447.11    (15) a pediatric geneticist;
447.12    (16) an otolaryngologist;
447.13    (17) a representative from the Newborn Screening Advisory Committee under
447.14this subdivision; and
447.15    (18) a representative of the Department of Education regional low-incidence
447.16facilitators.
447.17The commissioner must complete the appointments required under this subdivision by
447.18September 1, 2007.
447.19    (c) The Department of Health member shall chair the first meeting of the committee.
447.20At the first meeting, the committee shall elect a chair from its membership. The committee
447.21shall meet at the call of the chair, at least four times a year. The committee shall adopt
447.22written bylaws to govern its activities. The Department of Health shall provide technical
447.23and administrative support services as required by the committee. These services shall
447.24include technical support from individuals qualified to administer infant hearing screening,
447.25rescreening, and diagnostic audiological assessments.
447.26    Members of the committee shall receive no compensation for their service, but
447.27shall be reimbursed as provided in section 15.059 for expenses incurred as a result of
447.28their duties as members of the committee.
447.29    (d) This subdivision expires June 30, 2013 2019.

447.30    Sec. 29. Minnesota Statutes 2012, section 144.98, subdivision 3, is amended to read:
447.31    Subd. 3. Annual fees. (a) An application for accreditation under subdivision 6 must
447.32be accompanied by the annual fees specified in this subdivision. The annual fees include:
447.33(1) base accreditation fee, $1,500 $600;
447.34(2) sample preparation techniques fee, $200 per technique;
447.35(3) an administrative fee for laboratories located outside this state, $3,750 $2,000; and
448.1(4) test category fees.
448.2(b) For the programs in subdivision 3a, the commissioner may accredit laboratories
448.3for fields of testing under the categories listed in clauses (1) to (10) upon completion of
448.4the application requirements provided by subdivision 6 and receipt of the fees for each
448.5category under each program that accreditation is requested. The categories offered and
448.6related fees include:
448.7(1) microbiology, $450 $200;
448.8(2) inorganics, $450 $200;
448.9(3) metals, $1,000 $500;
448.10(4) volatile organics, $1,300 $1,000;
448.11(5) other organics, $1,300 $1,000;
448.12(6) radiochemistry, $1,500 $750;
448.13(7) emerging contaminants, $1,500 $1,000;
448.14(8) agricultural contaminants, $1,250 $1,000;
448.15(9) toxicity (bioassay), $1,000 $500; and
448.16(10) physical characterization, $250.
448.17(c) The total annual fee includes the base fee, the sample preparation techniques
448.18fees, the test category fees per program, and, when applicable, an administrative fee for
448.19out-of-state laboratories.
448.20EFFECTIVE DATE.This section is effective the day following final enactment.

448.21    Sec. 30. Minnesota Statutes 2012, section 144.98, subdivision 5, is amended to read:
448.22    Subd. 5. State government special revenue fund. Fees collected by the
448.23commissioner under this section must be deposited in the state treasury and credited to
448.24the state government special revenue fund.
448.25EFFECTIVE DATE.This section is effective the day following final enactment.

448.26    Sec. 31. Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
448.27to read:
448.28    Subd. 10. Establishing a selection committee. (a) The commissioner shall
448.29establish a selection committee for the purpose of recommending approval of qualified
448.30laboratory assessors and assessment bodies. Committee members shall demonstrate
448.31competence in assessment practices. The committee shall initially consist of seven
448.32members appointed by the commissioner as follows:
448.33(1) one member from a municipal laboratory accredited by the commissioner;
449.1(2) one member from an industrial treatment laboratory accredited by the
449.2commissioner;
449.3(3) one member from a commercial laboratory located in this state and accredited by
449.4the commissioner;
449.5(4) one member from a commercial laboratory located outside the state and
449.6accredited by the commissioner;
449.7(5) one member from a nongovernmental client of environmental laboratories;
449.8(6) one member from a professional organization with a demonstrated interest in
449.9environmental laboratory data and accreditation; and
449.10(7) one employee of the laboratory accreditation program administered by the
449.11department.
449.12(b) Committee appointments begin on January 1 and end on December 31 of the
449.13same year.
449.14(c) The commissioner shall appoint persons to fill vacant committee positions,
449.15expand the total number of appointed positions, or change the designated positions upon
449.16the advice of the committee.
449.17(d) The commissioner shall rescind the appointment of a selection committee
449.18member for sufficient cause as the commissioner determines, such as:
449.19(1) neglect of duty;
449.20(2) failure to notify the commissioner of a real or perceived conflict of interest;
449.21(3) nonconformance with committee procedures;
449.22(4) failure to demonstrate competence in assessment practices; or
449.23(5) official misconduct.
449.24(e) Members of the selection committee shall be compensated according to the
449.25provisions in section 15.059, subdivision 3.

449.26    Sec. 32. Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
449.27to read:
449.28    Subd. 11. Activities of the selection committee. (a) The selection committee
449.29will determine assessor and assessment body application requirements, the frequency
449.30of application submittal, and the application review schedule. The commissioner shall
449.31publish the application requirements and procedures on the accreditation program Web site.
449.32(b) In its selection process, the committee shall ensure its application requirements
449.33and review process:
449.34(1) meet the standards implemented in subdivision 2a;
450.1(2) ensure assessors have demonstrated competence in technical disciplines offered
450.2for accreditation by the commissioner; and
450.3(3) consider any history of repeated nonconformance or complaints regarding
450.4assessors or assessment bodies.
450.5(c) The selection committee shall consider an application received from qualified
450.6applicants and shall supply a list of recommended assessors and assessment bodies to
450.7the commissioner of health no later than 90 days after the commissioner notifies the
450.8committee of the need for review of applications.

450.9    Sec. 33. Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
450.10to read:
450.11    Subd. 12. Commissioner approval of assessors and scheduling of assessments.
450.12(a) The commissioner shall approve assessors who:
450.13(1) are employed by the commissioner for the purpose of accrediting laboratories
450.14and demonstrate competence in assessment practices for environmental laboratories; or
450.15(2) are employed by a state or federal agency with established agreements for
450.16mutual assistance or recognition with the commissioner and demonstrate competence in
450.17assessment practices for environmental laboratories.
450.18(b) The commissioner may approve other assessors or assessment bodies who are
450.19recommended by the selection committee according to subdivision 11, paragraph (c). The
450.20commissioner shall publish the list of assessors and assessment bodies approved from the
450.21recommendations.
450.22(c) The commissioner shall rescind approval for an assessor or assessment body for
450.23sufficient cause as the commissioner determines, such as:
450.24(1) failure to meet the minimum qualifications for performing assessments;
450.25(2) lack of availability;
450.26(3) nonconformance with the applicable laws, rules, standards, policies, and
450.27procedures;
450.28(4) misrepresentation of application information regarding qualifications and
450.29training; or
450.30(5) excessive cost to perform the assessment activities.

450.31    Sec. 34. Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
450.32to read:
450.33    Subd. 13. Laboratory requirements for assessor selection and scheduling
450.34assessments. (a) A laboratory accredited or seeking accreditation that requires an
451.1assessment by the commissioner must select an assessor, group of assessors, or an
451.2assessment body from the published list specified in subdivision 12, paragraph (b). An
451.3accredited laboratory must complete an assessment and make all corrective actions at least
451.4once every 24 months. Unless the commissioner grants interim accreditation, a laboratory
451.5seeking accreditation must complete an assessment and make all corrective actions
451.6prior to, but no earlier than, 18 months prior to the date the application is submitted to
451.7the commissioner.
451.8(b) A laboratory shall not select the same assessor more than twice in succession
451.9for assessments of the same facility unless the laboratory receives written approval
451.10from the commissioner for the selection. The laboratory must supply a written request
451.11to the commissioner for approval and must justify the reason for the request and provide
451.12the alternate options considered.
451.13(c) A laboratory must select assessors appropriate to the size and scope of the
451.14laboratory's application or existing accreditation.
451.15(d) A laboratory must enter into its own contract for direct payment of the assessors
451.16or assessment body. The contract must authorize the assessor, assessment body, or
451.17subcontractors to release all records to the commissioner regarding the assessment activity,
451.18when the assessment is performed in compliance with this statute.
451.19(e) A laboratory must agree to permit other assessors as selected by the commissioner
451.20to participate in the assessment activities.
451.21(f) If the laboratory determines no approved assessor is available to perform
451.22the assessment, the laboratory must notify the commissioner in writing and provide a
451.23justification for the determination. If the commissioner confirms no approved assessor
451.24is available, the commissioner may designate an alternate assessor from those approved
451.25in subdivision 12, paragraph (a), or the commissioner may delay the assessment until
451.26an assessor is available. If an approved alternate assessor performs the assessment, the
451.27commissioner may collect fees equivalent to the cost of performing the assessment
451.28activities.
451.29(g) Fees collected under this section are deposited in a special account and are
451.30annually appropriated to the commissioner for the purpose of performing assessment
451.31activities.
451.32EFFECTIVE DATE.This section is effective the day following final enactment.

451.33    Sec. 35. Minnesota Statutes 2012, section 144.99, subdivision 4, is amended to read:
451.34    Subd. 4. Administrative penalty orders. (a) The commissioner may issue an
451.35order requiring violations to be corrected and administratively assessing monetary
452.1penalties for violations of the statutes, rules, and other actions listed in subdivision 1. The
452.2procedures in section 144.991 must be followed when issuing administrative penalty
452.3orders. Except in the case of repeated or serious violations, the penalty assessed in the
452.4order must be forgiven if the person who is subject to the order demonstrates in writing
452.5to the commissioner before the 31st day after receiving the order that the person has
452.6corrected the violation or has developed a corrective plan acceptable to the commissioner.
452.7The maximum amount of an administrative penalty order is $10,000 for each violator for
452.8all violations by that violator identified in an inspection or review of compliance.
452.9(b) Notwithstanding paragraph (a), the commissioner may issue to a large public
452.10water supply, serving a population of more than 10,000 persons, an administrative penalty
452.11order imposing a penalty of at least $1,000 per day per violation, not to exceed $10,000
452.12for each violation of sections 144.381 to 144.385 and rules adopted thereunder.
452.13(c) Notwithstanding paragraph (a), the commissioner may issue to a certified lead
452.14firm or person performing regulated lead work, an administrative penalty order imposing a
452.15penalty of at least $5,000 per violation per day, not to exceed $10,000 for each violation of
452.16sections 144.9501 to 144.9512 and rules adopted thereunder. All revenue collected from
452.17monetary penalties in this section shall be deposited in the state treasury and credited to
452.18the state government special revenue fund.

452.19    Sec. 36. Minnesota Statutes 2012, section 145.906, is amended to read:
452.20145.906 POSTPARTUM DEPRESSION EDUCATION AND INFORMATION.
452.21(a) The commissioner of health shall work with health care facilities, licensed health
452.22and mental health care professionals, the women, infants, and children (WIC) program,
452.23mental health advocates, consumers, and families in the state to develop materials and
452.24information about postpartum depression, including treatment resources, and develop
452.25policies and procedures to comply with this section.
452.26(b) Physicians, traditional midwives, and other licensed health care professionals
452.27providing prenatal care to women must have available to women and their families
452.28information about postpartum depression.
452.29(c) Hospitals and other health care facilities in the state must provide departing new
452.30mothers and fathers and other family members, as appropriate, with written information
452.31about postpartum depression, including its symptoms, methods of coping with the illness,
452.32and treatment resources.
452.33(d) Information about postpartum depression, including its symptoms, potential
452.34impact on families, and treatment resources, must be available at WIC sites.
453.1(e) The commissioner of health, in collaboration with the commissioner of human
453.2services and to the extent authorized by the federal Centers for Disease Control and
453.3Prevention, shall review the materials and information related to postpartum depression to
453.4determine their effectiveness in transmitting the information in a way that reduces racial
453.5health disparities as reported in surveys of maternal attitudes and experiences before,
453.6during, and after pregnancy, including those conducted by the commissioner of health. The
453.7commissioner shall implement changes to reduce racial health disparities in the information
453.8reviewed, as needed, and ensure that women of color are receiving the information.

453.9    Sec. 37. [145.907] MATERNAL DEPRESSION; DEFINITION.
453.10"Maternal depression" means depression or other perinatal mood or anxiety disorder
453.11experienced by a woman during pregnancy or during the first year following the birth of
453.12her child.

453.13    Sec. 38. Minnesota Statutes 2012, section 145.986, is amended to read:
453.14145.986 STATEWIDE HEALTH IMPROVEMENT PROGRAM.
453.15    Subdivision 1. Grants to local communities Purpose. The purpose of the statewide
453.16health improvement program is to:
453.17(1) address the top three leading preventable causes of illness and death: tobacco use
453.18and exposure, poor diet, and lack of regular physical activity;
453.19(2) promote the development, availability, and use of evidence-based, community
453.20level, comprehensive strategies to create healthy communities; and
453.21(3) measure the impact of the evidence-based, community health improvement
453.22practices which over time work to contain health care costs and reduce chronic diseases.
453.23    Subd. 1a. Grants to local communities. (a) Beginning July 1, 2009, the
453.24commissioner of health shall award competitive grants to community health boards
453.25established pursuant to section 145A.09 and tribal governments to convene, coordinate,
453.26and implement evidence-based strategies targeted at reducing the percentage of
453.27Minnesotans who are obese or overweight and to reduce the use of tobacco.
453.28    (b) Grantee activities shall:
453.29    (1) be based on scientific evidence;
453.30    (2) be based on community input;
453.31    (3) address behavior change at the individual, community, and systems levels;
453.32    (4) occur in community, school, worksite, and health care settings; and
453.33    (5) be focused on policy, systems, and environmental changes that support healthy
453.34behaviors.; and
454.1(6) address the health disparities and inequities that exist in the grantee's community.
454.2    (c) To receive a grant under this section, community health boards and tribal
454.3governments must submit proposals to the commissioner. A local match of ten percent
454.4of the total funding allocation is required. This local match may include funds donated
454.5by community partners.
454.6    (d) In order to receive a grant, community health boards and tribal governments
454.7must submit a health improvement plan to the commissioner of health for approval. The
454.8commissioner may require the plan to identify a community leadership team, community
454.9partners, and a community action plan that includes an assessment of area strengths and
454.10needs, proposed action strategies, technical assistance needs, and a staffing plan.
454.11    (e) The grant recipient must implement the health improvement plan, evaluate the
454.12effectiveness of the interventions strategies, and modify or discontinue interventions
454.13 strategies found to be ineffective.
454.14    (f) By January 15, 2011, the commissioner of health shall recommend whether any
454.15funding should be distributed to community health boards and tribal governments based
454.16on health disparities demonstrated in the populations served.
454.17    (g) (f) Grant recipients shall report their activities and their progress toward the
454.18outcomes established under subdivision 2 to the commissioner in a format and at a time
454.19specified by the commissioner.
454.20    (h) (g) All grant recipients shall be held accountable for making progress toward
454.21the measurable outcomes established in subdivision 2. The commissioner shall require a
454.22corrective action plan and may reduce the funding level of grant recipients that do not
454.23make adequate progress toward the measurable outcomes.
454.24(h) Notwithstanding paragraph (a), the commissioner may award funding to
454.25convene, coordinate, and implement evidence-based strategies targeted at reducing other
454.26risk factors, aside from tobacco use and exposure, poor diet, and lack of regular physical
454.27activity, that are associated with chronic disease and may impact public health. The
454.28commissioner shall develop a criteria and procedures to allocate funding under this section.
454.29    Subd. 2. Outcomes. (a) The commissioner shall set measurable outcomes to meet
454.30the goals specified in subdivision 1, and annually review the progress of grant recipients
454.31in meeting the outcomes.
454.32    (b) The commissioner shall measure current public health status, using existing
454.33measures and data collection systems when available, to determine baseline data against
454.34which progress shall be monitored.
454.35    Subd. 3. Technical assistance and oversight. (a) The commissioner shall provide
454.36content expertise, technical expertise, and training to grant recipients and advice on
455.1evidence-based strategies, including those based on populations and types of communities
455.2served. The commissioner shall ensure that the statewide health improvement program
455.3meets the outcomes established under subdivision 2 by conducting a comprehensive
455.4statewide evaluation and assisting grant recipients to modify or discontinue interventions
455.5found to be ineffective.
455.6(b) For the purposes of carrying out the grant program under this section, including
455.7for administrative purposes, the commissioner shall award contracts to appropriate entities
455.8to assist in training and provide technical assistance to grantees.
455.9(c) Contracts awarded under paragraph (b) may be used to provide technical
455.10assistance and training in the areas of:
455.11(1) community engagement and capacity building;
455.12(2) tribal support;
455.13(3) community asset building and risk behavior reduction;
455.14(4) legal;
455.15(5) communications;
455.16(6) community, school, health care, work site, and other site-specific strategies; and
455.17(7) health equity.
455.18    Subd. 4. Evaluation. (a) Using the outcome measures established in subdivision
455.193, the commissioner shall conduct a biennial an evaluation of the statewide health
455.20improvement program funded under this section. Grant recipients shall cooperate with
455.21the commissioner in the evaluation and provide the commissioner with the information
455.22necessary to conduct the evaluation.
455.23(b) Grant recipients will collect, monitor, and submit to the Department of Health
455.24baseline and annual data, and provide information to improve the quality and impact of
455.25community health improvement strategies.
455.26(c) For the purposes of carrying out the grant program under this section, including
455.27for administrative purposes, the commissioner shall award contracts to appropriate entities
455.28to assist in designing and implementing evaluation systems.
455.29(d) Contracts awarded under paragraph (c) may be used to:
455.30(1) develop grantee monitoring and reporting systems to track grantee progress,
455.31including aggregated and disaggregated data;
455.32(2) manage, analyze, and report program evaluation data results; and
455.33(3) utilize innovative support tools to analyze and predict the impact of prevention
455.34strategies on health outcomes and state health care costs over time.
455.35    Subd. 5. Report. The commissioner shall submit a biennial report to the legislature
455.36on the statewide health improvement program funded under this section. These reports
456.1must include information on grant recipients, activities that were conducted using grant
456.2funds, evaluation data, and outcome measures, if available. In addition, the commissioner
456.3shall provide recommendations on future areas of focus for health improvement. These
456.4reports are due by January 15 of every other year, beginning in 2010. In the report due
456.5on January 15, 2010, the commissioner shall include recommendations on a sustainable
456.6funding source for the statewide health improvement program other than the health care
456.7access fund.
456.8    Subd. 6. Supplantation of existing funds. Community health boards and tribal
456.9governments must use funds received under this section to develop new programs, expand
456.10current programs that work to reduce the percentage of Minnesotans who are obese or
456.11overweight or who use tobacco, or replace discontinued state or federal funds previously
456.12used to reduce the percentage of Minnesotans who are obese or overweight or who use
456.13tobacco. Funds must not be used to supplant current state or local funding to community
456.14health boards or tribal governments used to reduce the percentage of Minnesotans who are
456.15obese or overweight or to reduce tobacco use.

456.16    Sec. 39. Minnesota Statutes 2012, section 145A.17, subdivision 1, is amended to read:
456.17    Subdivision 1. Establishment; goals. The commissioner shall establish a program
456.18to fund family home visiting programs designed to foster healthy beginnings, improve
456.19pregnancy outcomes, promote school readiness, prevent child abuse and neglect, reduce
456.20juvenile delinquency, promote positive parenting and resiliency in children, and promote
456.21family health and economic self-sufficiency for children and families. The commissioner
456.22shall promote partnerships, collaboration, and multidisciplinary visiting done by teams of
456.23professionals and paraprofessionals from the fields of public health nursing, social work,
456.24and early childhood education. A program funded under this section must serve families
456.25at or below 200 percent of the federal poverty guidelines, and other families determined
456.26to be at risk, including but not limited to being at risk for child abuse, child neglect, or
456.27juvenile delinquency. Programs must begin prenatally whenever possible and must be
456.28targeted to families with:
456.29    (1) adolescent parents;
456.30    (2) a history of alcohol or other drug abuse;
456.31    (3) a history of child abuse, domestic abuse, or other types of violence;
456.32    (4) a history of domestic abuse, rape, or other forms of victimization;
456.33    (5) reduced cognitive functioning;
456.34    (6) a lack of knowledge of child growth and development stages;
456.35    (7) low resiliency to adversities and environmental stresses;
457.1    (8) insufficient financial resources to meet family needs;
457.2    (9) a history of homelessness;
457.3    (10) a risk of long-term welfare dependence or family instability due to employment
457.4barriers; or
457.5(11) a serious mental health disorder, including maternal depression as defined in
457.6section 145.907; or
457.7    (11) (12) other risk factors as determined by the commissioner.

457.8    Sec. 40. Minnesota Statutes 2012, section 149A.02, subdivision 1a, is amended to read:
457.9    Subd. 1a. Alkaline hydrolysis. "Alkaline hydrolysis" means the reduction of a dead
457.10human body to essential elements through exposure to a combination of heat and alkaline
457.11hydrolysis and the repositioning or movement of the body during the process to facilitate
457.12reduction, a water-based dissolution process using alkaline chemicals, heat, agitation, and
457.13pressure to accelerate natural decomposition; the processing of the hydrolyzed remains
457.14after removal from the alkaline hydrolysis chamber, vessel; placement of the processed
457.15remains in a hydrolyzed remains container,; and release of the hydrolyzed remains to an
457.16appropriate party. Alkaline hydrolysis is a form of final disposition.

457.17    Sec. 41. Minnesota Statutes 2012, section 149A.02, is amended by adding a
457.18subdivision to read:
457.19    Subd. 1b. Alkaline hydrolysis container. "Alkaline hydrolysis container" means a
457.20hydrolyzable or biodegradable closed container or pouch resistant to leakage of bodily
457.21fluids that encases the body and into which a dead human body is placed prior to insertion
457.22into an alkaline hydrolysis vessel. Alkaline hydrolysis containers may be hydrolyzable or
457.23biodegradable alternative containers or caskets.

457.24    Sec. 42. Minnesota Statutes 2012, section 149A.02, is amended by adding a
457.25subdivision to read:
457.26    Subd. 1c. Alkaline hydrolysis facility. "Alkaline hydrolysis facility" means a
457.27building or structure containing one or more alkaline hydrolysis vessels for the alkaline
457.28hydrolysis of dead human bodies.

457.29    Sec. 43. Minnesota Statutes 2012, section 149A.02, is amended by adding a
457.30subdivision to read:
457.31    Subd. 1d. Alkaline hydrolysis vessel. "Alkaline hydrolysis vessel" means the
457.32container in which the alkaline hydrolysis of a dead human body is performed.

458.1    Sec. 44. Minnesota Statutes 2012, section 149A.02, subdivision 2, is amended to read:
458.2    Subd. 2. Alternative container. "Alternative container" means a nonmetal
458.3receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed
458.4for the encasement of dead human bodies and is made of hydrolyzable or biodegradable
458.5materials, corrugated cardboard, fiberboard, pressed-wood, or other like materials.

458.6    Sec. 45. Minnesota Statutes 2012, section 149A.02, subdivision 3, is amended to read:
458.7    Subd. 3. Arrangements for disposition. "Arrangements for disposition" means
458.8any action normally taken by a funeral provider in anticipation of or preparation for the
458.9entombment, burial in a cemetery, alkaline hydrolysis, or cremation of a dead human body.

458.10    Sec. 46. Minnesota Statutes 2012, section 149A.02, subdivision 4, is amended to read:
458.11    Subd. 4. Cash advance item. "Cash advance item" means any item of service
458.12or merchandise described to a purchaser as a "cash advance," "accommodation," "cash
458.13disbursement," or similar term. A cash advance item is also any item obtained from a
458.14third party and paid for by the funeral provider on the purchaser's behalf. Cash advance
458.15items include, but are not limited to, cemetery, alkaline hydrolysis, or crematory services,
458.16pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, obituary
458.17notices, gratuities, and death records.

458.18    Sec. 47. Minnesota Statutes 2012, section 149A.02, subdivision 5, is amended to read:
458.19    Subd. 5. Casket. "Casket" means a rigid container which is designed for the
458.20encasement of a dead human body and is usually constructed of hydrolyzable or
458.21biodegradable materials, wood, metal, fiberglass, plastic, or like material, and ornamented
458.22and lined with fabric.

458.23    Sec. 48. Minnesota Statutes 2012, section 149A.02, is amended by adding a
458.24subdivision to read:
458.25    Subd. 12a. Crypt. "Crypt" means a space in a mausoleum of sufficient size, used or
458.26intended to be used, to entomb human remains, cremated remains, or hydrolyzed remains.

458.27    Sec. 49. Minnesota Statutes 2012, section 149A.02, is amended by adding a
458.28subdivision to read:
458.29    Subd. 12b. Direct alkaline hydrolysis. "Direct alkaline hydrolysis" means a
458.30final disposition of a dead human body by alkaline hydrolysis, without formal viewing,
458.31visitation, or ceremony with the body present.

459.1    Sec. 50. Minnesota Statutes 2012, section 149A.02, subdivision 16, is amended to read:
459.2    Subd. 16. Final disposition. "Final disposition" means the acts leading to and the
459.3entombment, burial in a cemetery, alkaline hydrolysis, or cremation of a dead human body.

459.4    Sec. 51. Minnesota Statutes 2012, section 149A.02, subdivision 23, is amended to read:
459.5    Subd. 23. Funeral services. "Funeral services" means any services which may
459.6be used to: (1) care for and prepare dead human bodies for burial, alkaline hydrolysis,
459.7cremation, or other final disposition; and (2) arrange, supervise, or conduct the funeral
459.8ceremony or the final disposition of dead human bodies.

459.9    Sec. 52. Minnesota Statutes 2012, section 149A.02, is amended by adding a
459.10subdivision to read:
459.11    Subd. 24a. Holding facility. "Holding facility" means a secure enclosed room or
459.12confined area within a funeral establishment, branch funeral establishment, crematory,
459.13or alkaline hydrolysis facility used for temporary storage of human remains awaiting
459.14final disposition.

459.15    Sec. 53. Minnesota Statutes 2012, section 149A.02, is amended by adding a
459.16subdivision to read:
459.17    Subd. 24b. Hydrolyzed remains. "Hydrolyzed remains" means the remains of a
459.18dead human body following the alkaline hydrolysis process. Hydrolyzed remains does not
459.19include pacemakers, prostheses, or similar foreign materials.

459.20    Sec. 54. Minnesota Statutes 2012, section 149A.02, is amended by adding a
459.21subdivision to read:
459.22    Subd. 24c. Hydrolyzed remains container. "Hydrolyzed remains container" means
459.23a receptacle in which hydrolyzed remains are placed. For purposes of this chapter, a
459.24hydrolyzed remains container is interchangeable with "urn" or similar keepsake storage
459.25jewelry.

459.26    Sec. 55. Minnesota Statutes 2012, section 149A.02, is amended by adding a
459.27subdivision to read:
459.28    Subd. 26a. Inurnment. "Inurnment" means placing hydrolyzed or cremated remains
459.29in a hydrolyzed or cremated remains container suitable for placement, burial, or shipment.

459.30    Sec. 56. Minnesota Statutes 2012, section 149A.02, subdivision 27, is amended to read:
460.1    Subd. 27. Licensee. "Licensee" means any person or entity that has been issued
460.2a license to practice mortuary science, to operate a funeral establishment, to operate an
460.3alkaline hydrolysis facility, or to operate a crematory by the Minnesota commissioner
460.4of health.

460.5    Sec. 57. Minnesota Statutes 2012, section 149A.02, is amended by adding a
460.6subdivision to read:
460.7    Subd. 30a. Niche. "Niche" means a space in a columbarium used, or intended to be
460.8used, for the placement of hydrolyzed or cremated remains.

460.9    Sec. 58. Minnesota Statutes 2012, section 149A.02, is amended by adding a
460.10subdivision to read:
460.11    Subd. 32a. Placement. "Placement" means the placing of a container holding
460.12hydrolyzed or cremated remains in a crypt, vault, or niche.

460.13    Sec. 59. Minnesota Statutes 2012, section 149A.02, subdivision 34, is amended to read:
460.14    Subd. 34. Preparation of the body. "Preparation of the body" means placement of
460.15the body into an appropriate cremation or alkaline hydrolysis container, embalming of
460.16the body or such items of care as washing, disinfecting, shaving, positioning of features,
460.17restorative procedures, application of cosmetics, dressing, and casketing.

460.18    Sec. 60. Minnesota Statutes 2012, section 149A.02, subdivision 35, is amended to read:
460.19    Subd. 35. Processing. "Processing" means the removal of foreign objects, drying or
460.20cooling, and the reduction of the hydrolyzed or cremated remains by mechanical means
460.21including, but not limited to, grinding, crushing, or pulverizing, to a granulated appearance
460.22appropriate for final disposition.

460.23    Sec. 61. Minnesota Statutes 2012, section 149A.02, subdivision 37, is amended to read:
460.24    Subd. 37. Public transportation. "Public transportation" means all manner of
460.25transportation via common carrier available to the general public including airlines, buses,
460.26railroads, and ships. For purposes of this chapter, a livery service providing transportation
460.27to private funeral establishments, alkaline hydrolysis facilities, or crematories is not public
460.28transportation.

460.29    Sec. 62. Minnesota Statutes 2012, section 149A.02, is amended by adding a
460.30subdivision to read:
461.1    Subd. 37c. Scattering. "Scattering" means the authorized dispersal of hydrolyzed
461.2or cremated remains in a defined area of a dedicated cemetery or in areas where no local
461.3prohibition exists provided that the hydrolyzed or cremated remains are not distinguishable
461.4to the public, are not in a container, and that the person who has control over disposition
461.5of the hydrolyzed or cremated remains has obtained written permission of the property
461.6owner or governing agency to scatter on the property.

461.7    Sec. 63. Minnesota Statutes 2012, section 149A.02, is amended by adding a
461.8subdivision to read:
461.9    Subd. 41. Vault. "Vault" means a space in a mausoleum of sufficient size, used or
461.10intended to be used, to entomb human remains, cremated remains, or hydrolyzed remains.
461.11Vault may also mean a sealed and lined casket enclosure.

461.12    Sec. 64. Minnesota Statutes 2012, section 149A.03, is amended to read:
461.13149A.03 DUTIES OF COMMISSIONER.
461.14    The commissioner shall:
461.15    (1) enforce all laws and adopt and enforce rules relating to the:
461.16    (i) removal, preparation, transportation, arrangements for disposition, and final
461.17disposition of dead human bodies;
461.18    (ii) licensure and professional conduct of funeral directors, morticians, interns,
461.19practicum students, and clinical students;
461.20    (iii) licensing and operation of a funeral establishment; and
461.21(iv) licensing and operation of an alkaline hydrolysis facility; and
461.22    (iv) (v) licensing and operation of a crematory;
461.23    (2) provide copies of the requirements for licensure and permits to all applicants;
461.24    (3) administer examinations and issue licenses and permits to qualified persons
461.25and other legal entities;
461.26    (4) maintain a record of the name and location of all current licensees and interns;
461.27    (5) perform periodic compliance reviews and premise inspections of licensees;
461.28    (6) accept and investigate complaints relating to conduct governed by this chapter;
461.29    (7) maintain a record of all current preneed arrangement trust accounts;
461.30    (8) maintain a schedule of application, examination, permit, and licensure fees,
461.31initial and renewal, sufficient to cover all necessary operating expenses;
461.32    (9) educate the public about the existence and content of the laws and rules for
461.33mortuary science licensing and the removal, preparation, transportation, arrangements
462.1for disposition, and final disposition of dead human bodies to enable consumers to file
462.2complaints against licensees and others who may have violated those laws or rules;
462.3    (10) evaluate the laws, rules, and procedures regulating the practice of mortuary
462.4science in order to refine the standards for licensing and to improve the regulatory and
462.5enforcement methods used; and
462.6    (11) initiate proceedings to address and remedy deficiencies and inconsistencies in
462.7the laws, rules, or procedures governing the practice of mortuary science and the removal,
462.8preparation, transportation, arrangements for disposition, and final disposition of dead
462.9human bodies.

462.10    Sec. 65. [149A.54] LICENSE TO OPERATE AN ALKALINE HYDROLYSIS
462.11FACILITY.
462.12    Subdivision 1. License requirement. Except as provided in section 149A.01,
462.13subdivision 3, a place or premise shall not be maintained, managed, or operated which
462.14is devoted to or used in the holding and alkaline hydrolysis of a dead human body
462.15without possessing a valid license to operate an alkaline hydrolysis facility issued by the
462.16commissioner of health.
462.17    Subd. 2. Requirements for an alkaline hydrolysis facility. (a) An alkaline
462.18hydrolysis facility licensed under this section must consist of:
462.19(1) a building or structure that complies with applicable local and state building
462.20codes, zoning laws and ordinances, wastewater management and environmental standards,
462.21containing one or more alkaline hydrolysis vessels for the alkaline hydrolysis of dead
462.22human bodies;
462.23(2) a method approved by the commissioner of health to dry the hydrolyzed remains
462.24and which is located within the licensed facility;
462.25(3) a means approved by the commissioner of health for refrigeration of dead human
462.26bodies awaiting alkaline hydrolysis;
462.27(4) an appropriate means of processing hydrolyzed remains to a granulated
462.28appearance appropriate for final disposition; and
462.29(5) an appropriate holding facility for dead human bodies awaiting alkaline
462.30hydrolysis.
462.31(b) An alkaline hydrolysis facility licensed under this section may also contain a
462.32display room for funeral goods.
462.33    Subd. 3. Application procedure; documentation; initial inspection. An
462.34application to license and operate an alkaline hydrolysis facility shall be submitted to the
462.35commissioner of health. A completed application includes:
463.1(1) a completed application form, as provided by the commissioner;
463.2(2) proof of business form and ownership;
463.3(3) proof of liability insurance coverage or other financial documentation, as
463.4determined by the commissioner, that demonstrates the applicant's ability to respond in
463.5damages for liability arising from the ownership, maintenance management, or operation
463.6of an alkaline hydrolysis facility; and
463.7(4) copies of wastewater and other environmental regulatory permits and
463.8environmental regulatory licenses necessary to conduct operations.
463.9Upon receipt of the application and appropriate fee, the commissioner shall review and
463.10verify all information. Upon completion of the verification process and resolution of any
463.11deficiencies in the application information, the commissioner shall conduct an initial
463.12inspection of the premises to be licensed. After the inspection and resolution of any
463.13deficiencies found and any reinspections as may be necessary, the commissioner shall
463.14make a determination, based on all the information available, to grant or deny licensure. If
463.15the commissioner's determination is to grant the license, the applicant shall be notified and
463.16the license shall issue and remain valid for a period prescribed on the license, but not to
463.17exceed one calendar year from the date of issuance of the license. If the commissioner's
463.18determination is to deny the license, the commissioner must notify the applicant in writing
463.19of the denial and provide the specific reason for denial.
463.20    Subd. 4. Nontransferability of license. A license to operate an alkaline hydrolysis
463.21facility is not assignable or transferable and shall not be valid for any entity other than the
463.22one named. Each license issued to operate an alkaline hydrolysis facility is valid only for the
463.23location identified on the license. A 50 percent or more change in ownership or location of
463.24the alkaline hydrolysis facility automatically terminates the license. Separate licenses shall
463.25be required of two or more persons or other legal entities operating from the same location.
463.26    Subd. 5. Display of license. Each license to operate an alkaline hydrolysis
463.27facility must be conspicuously displayed in the alkaline hydrolysis facility at all times.
463.28Conspicuous display means in a location where a member of the general public within the
463.29alkaline hydrolysis facility will be able to observe and read the license.
463.30    Subd. 6. Period of licensure. All licenses to operate an alkaline hydrolysis facility
463.31issued by the commissioner are valid for a period of one calendar year beginning on July 1
463.32and ending on June 30, regardless of the date of issuance.
463.33    Subd. 7. Reporting changes in license information. Any change of license
463.34information must be reported to the commissioner, on forms provided by the
463.35commissioner, no later than 30 calendar days after the change occurs. Failure to report
463.36changes is grounds for disciplinary action.
464.1    Subd. 8. Notification to the commissioner. If the licensee is operating under a
464.2wastewater or an environmental permit or license that is subsequently revoked, denied,
464.3or terminated, the licensee shall notify the commissioner.
464.4    Subd. 9. Application information. All information submitted to the commissioner
464.5for a license to operate an alkaline hydrolysis facility is classified as licensing data under
464.6section 13.41, subdivision 5.

464.7    Sec. 66. [149A.55] RENEWAL OF LICENSE TO OPERATE AN ALKALINE
464.8HYDROLYSIS FACILITY.
464.9    Subdivision 1. Renewal required. All licenses to operate an alkaline hydrolysis
464.10facility issued by the commissioner expire on June 30 following the date of issuance of the
464.11license and must be renewed to remain valid.
464.12    Subd. 2. Renewal procedure and documentation. Licensees who wish to renew
464.13their licenses must submit to the commissioner a completed renewal application no later
464.14than June 30 following the date the license was issued. A completed renewal application
464.15includes:
464.16(1) a completed renewal application form, as provided by the commissioner; and
464.17(2) proof of liability insurance coverage or other financial documentation, as
464.18determined by the commissioner, that demonstrates the applicant's ability to respond in
464.19damages for liability arising from the ownership, maintenance, management, or operation
464.20of an alkaline hydrolysis facility.
464.21Upon receipt of the completed renewal application, the commissioner shall review and
464.22verify the information. Upon completion of the verification process and resolution of
464.23any deficiencies in the renewal application information, the commissioner shall make a
464.24determination, based on all the information available, to reissue or refuse to reissue the
464.25license. If the commissioner's determination is to reissue the license, the applicant shall
464.26be notified and the license shall issue and remain valid for a period prescribed on the
464.27license, but not to exceed one calendar year from the date of issuance of the license. If
464.28the commissioner's determination is to refuse to reissue the license, section 149A.09,
464.29subdivision 2, applies.
464.30    Subd. 3. Penalty for late filing. Renewal applications received after the expiration
464.31date of a license will result in the assessment of a late filing penalty. The late filing penalty
464.32must be paid before the reissuance of the license and received by the commissioner no
464.33later than 31 calendar days after the expiration date of the license.
464.34    Subd. 4. Lapse of license. Licenses to operate alkaline hydrolysis facilities
464.35shall automatically lapse when a completed renewal application is not received by the
465.1commissioner within 31 calendar days after the expiration date of a license, or a late
465.2filing penalty assessed under subdivision 3 is not received by the commissioner within 31
465.3calendar days after the expiration of a license.
465.4    Subd. 5. Effect of lapse of license. Upon the lapse of a license, the person to whom
465.5the license was issued is no longer licensed to operate an alkaline hydrolysis facility in
465.6Minnesota. The commissioner shall issue a cease and desist order to prevent the lapsed
465.7license holder from operating an alkaline hydrolysis facility in Minnesota and may pursue
465.8any additional lawful remedies as justified by the case.
465.9    Subd. 6. Restoration of lapsed license. The commissioner may restore a lapsed
465.10license upon receipt and review of a completed renewal application, receipt of the late
465.11filing penalty, and reinspection of the premises, provided that the receipt is made within
465.12one calendar year from the expiration date of the lapsed license and the cease and desist
465.13order issued by the commissioner has not been violated. If a lapsed license is not restored
465.14within one calendar year from the expiration date of the lapsed license, the holder of the
465.15lapsed license cannot be relicensed until the requirements in section 149A.54 are met.
465.16    Subd. 7. Reporting changes in license information. Any change of license
465.17information must be reported to the commissioner, on forms provided by the
465.18commissioner, no later than 30 calendar days after the change occurs. Failure to report
465.19changes is grounds for disciplinary action.
465.20    Subd. 8. Application information. All information submitted to the commissioner
465.21by an applicant for renewal of licensure to operate an alkaline hydrolysis facility is
465.22classified as licensing data under section 13.41, subdivision 5.

465.23    Sec. 67. Minnesota Statutes 2012, section 149A.65, is amended by adding a
465.24subdivision to read:
465.25    Subd. 6. Alkaline hydrolysis facilities. The initial and renewal fee for an alkaline
465.26hydrolysis facility is $300. The late fee charge for a license renewal is $25.

465.27    Sec. 68. Minnesota Statutes 2012, section 149A.65, is amended by adding a
465.28subdivision to read:
465.29    Subd. 7. State government special revenue fund. Fees collected by the
465.30commissioner under this section must be deposited in the state treasury and credited to
465.31the state government special revenue fund.

465.32    Sec. 69. Minnesota Statutes 2012, section 149A.70, subdivision 1, is amended to read:
466.1    Subdivision 1. Use of titles. Only a person holding a valid license to practice
466.2mortuary science issued by the commissioner may use the title of mortician, funeral
466.3director, or any other title implying that the licensee is engaged in the business or practice
466.4of mortuary science. Only the holder of a valid license to operate an alkaline hydrolysis
466.5facility issued by the commissioner may use the title of alkaline hydrolysis facility, water
466.6cremation, water-reduction, biocremation, green-cremation, resomation, dissolution, or
466.7any other title, word, or term implying that the licensee operates an alkaline hydrolysis
466.8facility. Only the holder of a valid license to operate a funeral establishment issued by the
466.9commissioner may use the title of funeral home, funeral chapel, funeral service, or any
466.10other title, word, or term implying that the licensee is engaged in the business or practice
466.11of mortuary science. Only the holder of a valid license to operate a crematory issued by
466.12the commissioner may use the title of crematory, crematorium, green-cremation, or any
466.13other title, word, or term implying that the licensee operates a crematory or crematorium.

466.14    Sec. 70. Minnesota Statutes 2012, section 149A.70, subdivision 2, is amended to read:
466.15    Subd. 2. Business location. A funeral establishment, alkaline hydrolysis facility, or
466.16crematory shall not do business in a location that is not licensed as a funeral establishment,
466.17alkaline hydrolysis facility, or crematory and shall not advertise a service that is available
466.18from an unlicensed location.

466.19    Sec. 71. Minnesota Statutes 2012, section 149A.70, subdivision 3, is amended to read:
466.20    Subd. 3. Advertising. No licensee, clinical student, practicum student, or intern
466.21shall publish or disseminate false, misleading, or deceptive advertising. False, misleading,
466.22or deceptive advertising includes, but is not limited to:
466.23    (1) identifying, by using the names or pictures of, persons who are not licensed to
466.24practice mortuary science in a way that leads the public to believe that those persons will
466.25provide mortuary science services;
466.26    (2) using any name other than the names under which the funeral establishment,
466.27alkaline hydrolysis facility, or crematory is known to or licensed by the commissioner;
466.28    (3) using a surname not directly, actively, or presently associated with a licensed
466.29funeral establishment, alkaline hydrolysis facility, or crematory, unless the surname had
466.30been previously and continuously used by the licensed funeral establishment, alkaline
466.31hydrolysis facility, or crematory; and
466.32    (4) using a founding or establishing date or total years of service not directly or
466.33continuously related to a name under which the funeral establishment, alkaline hydrolysis
466.34facility, or crematory is currently or was previously licensed.
467.1    Any advertising or other printed material that contains the names or pictures of
467.2persons affiliated with a funeral establishment, alkaline hydrolysis facility, or crematory
467.3shall state the position held by the persons and shall identify each person who is licensed
467.4or unlicensed under this chapter.

467.5    Sec. 72. Minnesota Statutes 2012, section 149A.70, subdivision 5, is amended to read:
467.6    Subd. 5. Reimbursement prohibited. No licensee, clinical student, practicum
467.7student, or intern shall offer, solicit, or accept a commission, fee, bonus, rebate, or other
467.8reimbursement in consideration for recommending or causing a dead human body to
467.9be disposed of by a specific body donation program, funeral establishment, alkaline
467.10hydrolysis facility, crematory, mausoleum, or cemetery.

467.11    Sec. 73. Minnesota Statutes 2012, section 149A.71, subdivision 2, is amended to read:
467.12    Subd. 2. Preventive requirements. (a) To prevent unfair or deceptive acts or
467.13practices, the requirements of this subdivision must be met.
467.14    (b) Funeral providers must tell persons who ask by telephone about the funeral
467.15provider's offerings or prices any accurate information from the price lists described in
467.16paragraphs (c) to (e) and any other readily available information that reasonably answers
467.17the questions asked.
467.18    (c) Funeral providers must make available for viewing to people who inquire in
467.19person about the offerings or prices of funeral goods or burial site goods, separate printed
467.20or typewritten price lists using a ten-point font or larger. Each funeral provider must have a
467.21separate price list for each of the following types of goods that are sold or offered for sale:
467.22    (1) caskets;
467.23    (2) alternative containers;
467.24    (3) outer burial containers;
467.25(4) alkaline hydrolysis containers;
467.26    (4) (5) cremation containers;
467.27(6) hydrolyzed remains containers;
467.28    (5) (7) cremated remains containers;
467.29    (6) (8) markers; and
467.30    (7) (9) headstones.
467.31    (d) Each separate price list must contain the name of the funeral provider's place
467.32of business, address, and telephone number and a caption describing the list as a price
467.33list for one of the types of funeral goods or burial site goods described in paragraph (c),
467.34clauses (1) to (7) (9). The funeral provider must offer the list upon beginning discussion
468.1of, but in any event before showing, the specific funeral goods or burial site goods and
468.2must provide a photocopy of the price list, for retention, if so asked by the consumer. The
468.3list must contain, at least, the retail prices of all the specific funeral goods and burial site
468.4goods offered which do not require special ordering, enough information to identify each,
468.5and the effective date for the price list. However, funeral providers are not required to
468.6make a specific price list available if the funeral providers place the information required
468.7by this paragraph on the general price list described in paragraph (e).
468.8    (e) Funeral providers must give a printed price list, for retention, to persons who
468.9inquire in person about the funeral goods, funeral services, burial site goods, or burial site
468.10services or prices offered by the funeral provider. The funeral provider must give the list
468.11upon beginning discussion of either the prices of or the overall type of funeral service or
468.12disposition or specific funeral goods, funeral services, burial site goods, or burial site
468.13services offered by the provider. This requirement applies whether the discussion takes
468.14place in the funeral establishment or elsewhere. However, when the deceased is removed
468.15for transportation to the funeral establishment, an in-person request for authorization to
468.16embalm does not, by itself, trigger the requirement to offer the general price list. If the
468.17provider, in making an in-person request for authorization to embalm, discloses that
468.18embalming is not required by law except in certain special cases, the provider is not
468.19required to offer the general price list. Any other discussion during that time about prices
468.20or the selection of funeral goods, funeral services, burial site goods, or burial site services
468.21triggers the requirement to give the consumer a general price list. The general price list
468.22must contain the following information:
468.23    (1) the name, address, and telephone number of the funeral provider's place of
468.24business;
468.25    (2) a caption describing the list as a "general price list";
468.26    (3) the effective date for the price list;
468.27    (4) the retail prices, in any order, expressed either as a flat fee or as the prices per
468.28hour, mile, or other unit of computation, and other information described as follows:
468.29    (i) forwarding of remains to another funeral establishment, together with a list of
468.30the services provided for any quoted price;
468.31    (ii) receiving remains from another funeral establishment, together with a list of
468.32the services provided for any quoted price;
468.33    (iii) separate prices for each alkaline hydrolysis or cremation offered by the funeral
468.34provider, with the price including an alternative container or alkaline hydrolysis or
468.35cremation container, any alkaline hydrolysis or crematory charges, and a description of the
469.1services and container included in the price, where applicable, and the price of alkaline
469.2hydrolysis or cremation where the purchaser provides the container;
469.3    (iv) separate prices for each immediate burial offered by the funeral provider,
469.4including a casket or alternative container, and a description of the services and container
469.5included in that price, and the price of immediate burial where the purchaser provides the
469.6casket or alternative container;
469.7    (v) transfer of remains to the funeral establishment or other location;
469.8    (vi) embalming;
469.9    (vii) other preparation of the body;
469.10    (viii) use of facilities, equipment, or staff for viewing;
469.11    (ix) use of facilities, equipment, or staff for funeral ceremony;
469.12    (x) use of facilities, equipment, or staff for memorial service;
469.13    (xi) use of equipment or staff for graveside service;
469.14    (xii) hearse or funeral coach;
469.15    (xiii) limousine; and
469.16    (xiv) separate prices for all cemetery-specific goods and services, including all goods
469.17and services associated with interment and burial site goods and services and excluding
469.18markers and headstones;
469.19    (5) the price range for the caskets offered by the funeral provider, together with the
469.20statement "A complete price list will be provided at the funeral establishment or casket
469.21sale location." or the prices of individual caskets, as disclosed in the manner described
469.22in paragraphs (c) and (d);
469.23    (6) the price range for the alternative containers offered by the funeral provider,
469.24together with the statement "A complete price list will be provided at the funeral
469.25establishment or alternative container sale location." or the prices of individual alternative
469.26containers, as disclosed in the manner described in paragraphs (c) and (d);
469.27    (7) the price range for the outer burial containers offered by the funeral provider,
469.28together with the statement "A complete price list will be provided at the funeral
469.29establishment or outer burial container sale location." or the prices of individual outer
469.30burial containers, as disclosed in the manner described in paragraphs (c) and (d);
469.31(8) the price range for the alkaline hydrolysis container offered by the funeral
469.32provider, together with the statement: "A complete price list will be provided at the funeral
469.33establishment or alkaline hydrolysis container sale location.", or the prices of individual
469.34alkaline hydrolysis containers, as disclosed in the manner described in paragraphs (c)
469.35and (d);
470.1(9) the price range for the hydrolyzed remains container offered by the funeral
470.2provider, together with the statement: "A complete price list will be provided at the
470.3funeral establishment or hydrolyzed remains container sale location.", or the prices
470.4of individual hydrolyzed remains container, as disclosed in the manner described in
470.5paragraphs (c) and (d);
470.6    (8) (10) the price range for the cremation containers offered by the funeral provider,
470.7together with the statement "A complete price list will be provided at the funeral
470.8establishment or cremation container sale location." or the prices of individual cremation
470.9containers and cremated remains containers, as disclosed in the manner described in
470.10paragraphs (c) and (d);
470.11    (9) (11) the price range for the cremated remains containers offered by the funeral
470.12provider, together with the statement, "A complete price list will be provided at the funeral
470.13establishment or cremation cremated remains container sale location," or the prices of
470.14individual cremation containers as disclosed in the manner described in paragraphs (c)
470.15and (d);
470.16    (10) (12) the price for the basic services of funeral provider and staff, together with a
470.17list of the principal basic services provided for any quoted price and, if the charge cannot
470.18be declined by the purchaser, the statement "This fee for our basic services will be added
470.19to the total cost of the funeral arrangements you select. (This fee is already included in
470.20our charges for alkaline hydrolysis, direct cremations, immediate burials, and forwarding
470.21or receiving remains.)" If the charge cannot be declined by the purchaser, the quoted
470.22price shall include all charges for the recovery of unallocated funeral provider overhead,
470.23and funeral providers may include in the required disclosure the phrase "and overhead"
470.24after the word "services." This services fee is the only funeral provider fee for services,
470.25facilities, or unallocated overhead permitted by this subdivision to be nondeclinable,
470.26unless otherwise required by law;
470.27    (11) (13) the price range for the markers and headstones offered by the funeral
470.28provider, together with the statement "A complete price list will be provided at the funeral
470.29establishment or marker or headstone sale location." or the prices of individual markers
470.30and headstones, as disclosed in the manner described in paragraphs (c) and (d); and
470.31    (12) (14) any package priced funerals offered must be listed in addition to and
470.32following the information required in paragraph (e) and must clearly state the funeral
470.33goods and services being offered, the price being charged for those goods and services,
470.34and the discounted savings.
470.35    (f) Funeral providers must give an itemized written statement, for retention, to each
470.36consumer who arranges an at-need funeral or other disposition of human remains at the
471.1conclusion of the discussion of the arrangements. The itemized written statement must be
471.2signed by the consumer selecting the goods and services as required in section 149A.80.
471.3If the statement is provided by a funeral establishment, the statement must be signed by
471.4the licensed funeral director or mortician planning the arrangements. If the statement is
471.5provided by any other funeral provider, the statement must be signed by an authorized
471.6agent of the funeral provider. The statement must list the funeral goods, funeral services,
471.7burial site goods, or burial site services selected by that consumer and the prices to be paid
471.8for each item, specifically itemized cash advance items (these prices must be given to the
471.9extent then known or reasonably ascertainable if the prices are not known or reasonably
471.10ascertainable, a good faith estimate shall be given and a written statement of the actual
471.11charges shall be provided before the final bill is paid), and the total cost of goods and
471.12services selected. At the conclusion of an at-need arrangement, the funeral provider is
471.13required to give the consumer a copy of the signed itemized written contract that must
471.14contain the information required in this paragraph.
471.15    (g) Upon receiving actual notice of the death of an individual with whom a funeral
471.16provider has entered a preneed funeral agreement, the funeral provider must provide
471.17a copy of all preneed funeral agreement documents to the person who controls final
471.18disposition of the human remains or to the designee of the person controlling disposition.
471.19The person controlling final disposition shall be provided with these documents at the time
471.20of the person's first in-person contact with the funeral provider, if the first contact occurs
471.21in person at a funeral establishment, alkaline hydrolysis facility, crematory, or other place
471.22of business of the funeral provider. If the contact occurs by other means or at another
471.23location, the documents must be provided within 24 hours of the first contact.

471.24    Sec. 74. Minnesota Statutes 2012, section 149A.71, subdivision 4, is amended to read:
471.25    Subd. 4. Casket, alternate container, alkaline hydrolysis containers, and
471.26cremation container sales; records; required disclosures. Any funeral provider who
471.27sells or offers to sell a casket, alternate container, alkaline hydrolysis container, hydrolyzed
471.28remains container, or cremation container, or cremated remains container to the public
471.29must maintain a record of each sale that includes the name of the purchaser, the purchaser's
471.30mailing address, the name of the decedent, the date of the decedent's death, and the place
471.31of death. These records shall be open to inspection by the regulatory agency. Any funeral
471.32provider selling a casket, alternate container, or cremation container to the public, and not
471.33having charge of the final disposition of the dead human body, shall provide a copy of the
471.34statutes and rules controlling the removal, preparation, transportation, arrangements for
471.35disposition, and final disposition of a dead human body. This subdivision does not apply to
472.1morticians, funeral directors, funeral establishments, crematories, or wholesale distributors
472.2of caskets, alternate containers, alkaline hydrolysis containers, or cremation containers.

472.3    Sec. 75. Minnesota Statutes 2012, section 149A.72, subdivision 3, is amended to read:
472.4    Subd. 3. Casket for alkaline hydrolysis or cremation provisions; deceptive acts
472.5or practices. In selling or offering to sell funeral goods or funeral services to the public, it
472.6is a deceptive act or practice for a funeral provider to represent that a casket is required for
472.7alkaline hydrolysis or cremations by state or local law or otherwise.

472.8    Sec. 76. Minnesota Statutes 2012, section 149A.72, is amended by adding a
472.9subdivision to read:
472.10    Subd. 3a. Casket for alkaline hydrolysis provision; preventive measures. To
472.11prevent deceptive acts or practices, funeral providers must place the following disclosure
472.12in immediate conjunction with the prices shown for alkaline hydrolysis: "Minnesota
472.13law does not require you to purchase a casket for alkaline hydrolysis. If you want to
472.14arrange for alkaline hydrolysis, you can use an alkaline hydrolysis container. An alkaline
472.15hydrolysis container is a hydrolyzable or biodegradable closed container or pouch resistant
472.16to leakage of bodily fluids that encases the body and into which a dead human body is
472.17placed prior to insertion into an alkaline hydrolysis vessel. The containers we provide
472.18are (specify containers provided)." This disclosure is required only if the funeral provider
472.19arranges alkaline hydrolysis.

472.20    Sec. 77. Minnesota Statutes 2012, section 149A.72, subdivision 9, is amended to read:
472.21    Subd. 9. Deceptive acts or practices. In selling or offering to sell funeral goods,
472.22funeral services, burial site goods, or burial site services to the public, it is a deceptive act
472.23or practice for a funeral provider to represent that federal, state, or local laws, or particular
472.24cemeteries, alkaline hydrolysis facilities, or crematories, require the purchase of any funeral
472.25goods, funeral services, burial site goods, or burial site services when that is not the case.

472.26    Sec. 78. Minnesota Statutes 2012, section 149A.73, subdivision 1, is amended to read:
472.27    Subdivision 1. Casket for alkaline hydrolysis or cremation provisions; deceptive
472.28acts or practices. In selling or offering to sell funeral goods, funeral services, burial site
472.29goods, or burial site services to the public, it is a deceptive act or practice for a funeral
472.30provider to require that a casket be purchased for alkaline hydrolysis or cremation.

472.31    Sec. 79. Minnesota Statutes 2012, section 149A.73, subdivision 2, is amended to read:
473.1    Subd. 2. Casket for alkaline hydrolysis or cremation; preventive requirements.
473.2To prevent unfair or deceptive acts or practices, if funeral providers arrange for alkaline
473.3hydrolysis or cremations, they must make a an alkaline hydrolysis container or cremation
473.4container available for alkaline hydrolysis or cremations.

473.5    Sec. 80. Minnesota Statutes 2012, section 149A.73, subdivision 4, is amended to read:
473.6    Subd. 4. Required purchases of funeral goods or services; preventive
473.7requirements. To prevent unfair or deceptive acts or practices, funeral providers must
473.8place the following disclosure in the general price list, immediately above the prices
473.9required by section 149A.71, subdivision 2, paragraph (e), clauses (4) to (10): "The goods
473.10and services shown below are those we can provide to our customers. You may choose
473.11only the items you desire. If legal or other requirements mean that you must buy any items
473.12you did not specifically ask for, we will explain the reason in writing on the statement we
473.13provide describing the funeral goods, funeral services, burial site goods, and burial site
473.14services you selected." However, if the charge for "services of funeral director and staff"
473.15cannot be declined by the purchaser, the statement shall include the sentence "However,
473.16any funeral arrangements you select will include a charge for our basic services." between
473.17the second and third sentences of the sentences specified in this subdivision. The statement
473.18may include the phrase "and overhead" after the word "services" if the fee includes a
473.19charge for the recovery of unallocated funeral overhead. If the funeral provider does
473.20not include this disclosure statement, then the following disclosure statement must be
473.21placed in the statement of funeral goods, funeral services, burial site goods, and burial site
473.22services selected, as described in section 149A.71, subdivision 2, paragraph (f): "Charges
473.23are only for those items that you selected or that are required. If we are required by law or
473.24by a cemetery, alkaline hydrolysis facility, or crematory to use any items, we will explain
473.25the reasons in writing below." A funeral provider is not in violation of this subdivision by
473.26failing to comply with a request for a combination of goods or services which would be
473.27impossible, impractical, or excessively burdensome to provide.

473.28    Sec. 81. Minnesota Statutes 2012, section 149A.74, is amended to read:
473.29149A.74 FUNERAL SERVICES PROVIDED WITHOUT PRIOR APPROVAL.
473.30    Subdivision 1. Services provided without prior approval; deceptive acts or
473.31practices. In selling or offering to sell funeral goods or funeral services to the public, it
473.32is a deceptive act or practice for any funeral provider to embalm a dead human body
473.33unless state or local law or regulation requires embalming in the particular circumstances
473.34regardless of any funeral choice which might be made, or prior approval for embalming
474.1has been obtained from an individual legally authorized to make such a decision. In
474.2seeking approval to embalm, the funeral provider must disclose that embalming is not
474.3required by law except in certain circumstances; that a fee will be charged if a funeral
474.4is selected which requires embalming, such as a funeral with viewing; and that no
474.5embalming fee will be charged if the family selects a service which does not require
474.6embalming, such as direct alkaline hydrolysis, direct cremation, or immediate burial.
474.7    Subd. 2. Services provided without prior approval; preventive requirement.
474.8To prevent unfair or deceptive acts or practices, funeral providers must include on
474.9the itemized statement of funeral goods or services, as described in section 149A.71,
474.10subdivision 2
, paragraph (f), the statement "If you selected a funeral that may require
474.11embalming, such as a funeral with viewing, you may have to pay for embalming. You do
474.12not have to pay for embalming you did not approve if you selected arrangements such
474.13as direct alkaline hydrolysis, direct cremation, or immediate burial. If we charged for
474.14embalming, we will explain why below."

474.15    Sec. 82. Minnesota Statutes 2012, section 149A.90, subdivision 8, is amended to read:
474.16    Subd. 8. Proper holding facility required. The funeral establishment to which a
474.17dead human body is taken shall have an appropriate holding facility for storing the body
474.18while awaiting final disposition. The holding facility must be secure from access by
474.19anyone except the authorized personnel of the funeral establishment, preserve the dignity
474.20of the remains, and protect the health and safety of the funeral establishment personnel. A
474.21holding facility may not be used for preparation or embalming of the body.

474.22    Sec. 83. Minnesota Statutes 2012, section 149A.91, subdivision 9, is amended to read:
474.23    Subd. 9. Embalmed Bodies awaiting final disposition. All embalmed bodies
474.24awaiting final disposition shall be kept in an appropriate holding facility or preparation
474.25and embalming room. The holding facility must be secure from access by anyone except
474.26the authorized personnel of the funeral establishment, preserve the dignity and integrity of
474.27the body, and protect the health and safety of the personnel of the funeral establishment.

474.28    Sec. 84. Minnesota Statutes 2012, section 149A.93, subdivision 3, is amended to read:
474.29    Subd. 3. Disposition permit. A disposition permit is required before a body can
474.30be buried, entombed, alkaline hydrolyzed, or cremated. No disposition permit shall be
474.31issued until a fact of death record has been completed and filed with the local or state
474.32registrar of vital statistics.

475.1    Sec. 85. Minnesota Statutes 2012, section 149A.93, subdivision 6, is amended to read:
475.2    Subd. 6. Conveyances permitted for transportation. A dead human body may be
475.3transported by means of private vehicle or private aircraft, provided that the body must be
475.4encased in an appropriate container, that meets the following standards:
475.5    (1) promotes respect for and preserves the dignity of the dead human body;
475.6    (2) shields the body from being viewed from outside of the conveyance;
475.7    (3) has ample enclosed area to accommodate a cot, stretcher, rigid tray, casket,
475.8alternative container, alkaline hydrolysis container, or cremation container in a horizontal
475.9position;
475.10    (4) is designed to permit loading and unloading of the body without excessive tilting
475.11of the cot, stretcher, rigid tray, casket, alternative container, alkaline hydrolysis container,
475.12 or cremation container; and
475.13    (5) if used for the transportation of more than one dead human body at one time,
475.14the vehicle must be designed so that a body or container does not rest directly on top of
475.15another body or container and that each body or container is secured to prevent the body
475.16or container from excessive movement within the conveyance.
475.17    A vehicle that is a dignified conveyance and was specified for use by the deceased
475.18or by the family of the deceased may be used to transport the body to the place of final
475.19disposition.

475.20    Sec. 86. Minnesota Statutes 2012, section 149A.94, is amended to read:
475.21149A.94 FINAL DISPOSITION.
475.22    Subdivision 1. Generally. Every dead human body lying within the state, except
475.23unclaimed bodies delivered for dissection by the medical examiner, those delivered for
475.24anatomical study pursuant to section 149A.81, subdivision 2, or lawfully carried through
475.25the state for the purpose of disposition elsewhere; and the remains of any dead human
475.26body after dissection or anatomical study, shall be decently buried, or entombed in a
475.27public or private cemetery, alkaline hydrolyzed or cremated, within a reasonable time
475.28after death. Where final disposition of a body will not be accomplished within 72 hours
475.29following death or release of the body by a competent authority with jurisdiction over the
475.30body, the body must be properly embalmed, refrigerated, or packed with dry ice. A body
475.31may not be kept in refrigeration for a period exceeding six calendar days, or packed in dry
475.32ice for a period that exceeds four calendar days, from the time of death or release of the
475.33body from the coroner or medical examiner.
475.34    Subd. 3. Permit required. No dead human body shall be buried, entombed, or
475.35cremated without a disposition permit. The disposition permit must be filed with the person
476.1in charge of the place of final disposition. Where a dead human body will be transported out
476.2of this state for final disposition, the body must be accompanied by a certificate of removal.
476.3    Subd. 4. Alkaline hydrolysis or cremation. Inurnment of alkaline hydrolyzed or
476.4cremated remains and release to an appropriate party is considered final disposition and no
476.5further permits or authorizations are required for transportation, interment, entombment, or
476.6placement of the cremated remains, except as provided in section 149A.95, subdivision 16.

476.7    Sec. 87. [149A.941] ALKALINE HYDROLYSIS FACILITIES AND ALKALINE
476.8HYDROLYSIS.
476.9    Subdivision 1. License required. A dead human body may only be hydrolyzed in
476.10this state at an alkaline hydrolysis facility licensed by the commissioner of health.
476.11    Subd. 2. General requirements. Any building to be used as an alkaline hydrolysis
476.12facility must comply with all applicable local and state building codes, zoning laws and
476.13ordinances, wastewater management regulations, and environmental statutes, rules, and
476.14standards. An alkaline hydrolysis facility must have, on site, a purpose built human
476.15alkaline hydrolysis system approved by the commissioner of health, a system approved by
476.16the commissioner of health for drying the hydrolyzed remains, a motorized mechanical
476.17device approved by the commissioner of health for processing hydrolyzed remains and
476.18must have in the building a holding facility approved by the commissioner of health for
476.19the retention of dead human bodies awaiting alkaline hydrolysis. The holding facility
476.20must be secure from access by anyone except the authorized personnel of the alkaline
476.21hydrolysis facility, preserve the dignity of the remains, and protect the health and safety of
476.22the alkaline hydrolysis facility personnel.
476.23    Subd. 3. Lighting and ventilation. The room where the alkaline hydrolysis vessel
476.24is located and the room where the chemical storage takes place shall be properly lit and
476.25ventilated with an exhaust fan that provides at least 12 air changes per hour.
476.26    Subd. 4. Plumbing connections. All plumbing fixtures, water supply lines,
476.27plumbing vents, and waste drains shall be properly vented and connected pursuant to the
476.28Minnesota Plumbing Code. The alkaline hydrolysis facility shall be equipped with a
476.29functional sink with hot and cold running water.
476.30    Subd. 5. Flooring, walls, ceiling, doors, and windows. The room where the
476.31alkaline hydrolysis vessel is located and the room where the chemical storage takes place
476.32shall have nonporous flooring, so that a sanitary condition is provided. The walls and
476.33ceiling of the room where the alkaline hydrolysis vessel is located and the room where
476.34the chemical storage takes place shall run from floor to ceiling and be covered with tile,
476.35or by plaster or sheetrock painted with washable paint or other appropriate material so
477.1that a sanitary condition is provided. The doors, walls, ceiling, and windows shall be
477.2constructed to prevent odors from entering any other part of the building. All windows
477.3or other openings to the outside must be screened and all windows must be treated in a
477.4manner that prevents viewing into the room where the alkaline hydrolysis vessel is located
477.5and the room where the chemical storage takes place. A viewing window for authorized
477.6family members or their designees is not a violation of this subdivision.
477.7    Subd. 6. Equipment and supplies. The alkaline hydrolysis facility must have a
477.8functional emergency eye wash and quick drench shower.
477.9    Subd. 7. Access and privacy. (a) The room where the alkaline hydrolysis vessel is
477.10located and the room where the chemical storage takes place must be private and have no
477.11general passageway through it. The room shall, at all times, be secure from the entrance of
477.12unauthorized persons. Authorized persons are:
477.13(1) licensed morticians;
477.14(2) registered interns or students as described in section 149A.91, subdivision 6;
477.15(3) public officials or representatives in the discharge of their official duties;
477.16(4) trained alkaline hydrolysis facility operators; and
477.17(5) the person(s) with the right to control the dead human body as defined in section
477.18149A.80, subdivision 2, and their designees.
477.19    (b) Each door allowing ingress or egress shall carry a sign that indicates that the
477.20room is private and access is limited. All authorized persons who are present in or enter
477.21the room where the alkaline hydrolysis vessel is located while a body is being prepared for
477.22final disposition must be attired according to all applicable state and federal regulations
477.23regarding the control of infectious disease and occupational and workplace health and
477.24safety.
477.25    Subd. 8. Sanitary conditions and permitted use. The room where the alkaline
477.26hydrolysis vessel is located and the room where the chemical storage takes place and all
477.27fixtures, equipment, instruments, receptacles, clothing, and other appliances or supplies
477.28stored or used in the room must be maintained in a clean and sanitary condition at all times.
477.29    Subd. 9. Boiler use. When a boiler is required by the manufacturer of the alkaline
477.30hydrolysis vessel for its operation, all state and local regulations for that boiler must be
477.31followed.
477.32    Subd. 10. Occupational and workplace safety. All applicable provisions of state
477.33and federal regulations regarding exposure to workplace hazards and accidents shall be
477.34followed in order to protect the health and safety of all authorized persons at the alkaline
477.35hydrolysis facility.
478.1    Subd. 11. Licensed personnel. A licensed alkaline hydrolysis facility must employ
478.2a licensed mortician to carry out the process of alkaline hydrolysis of a dead human body.
478.3It is the duty of the licensed alkaline hydrolysis facility to provide proper procedures for
478.4all personnel, and the licensed alkaline hydrolysis facility shall be strictly accountable for
478.5compliance with this chapter and other applicable state and federal regulations regarding
478.6occupational and workplace health and safety.
478.7    Subd. 12. Authorization to hydrolyze required. No alkaline hydrolysis facility
478.8shall hydrolyze or cause to be hydrolyzed any dead human body or identifiable body part
478.9without receiving written authorization to do so from the person or persons who have the
478.10legal right to control disposition as described in section 149A.80 or the person's legal
478.11designee. The written authorization must include:
478.12(1) the name of the deceased and the date of death of the deceased;
478.13(2) a statement authorizing the alkaline hydrolysis facility to hydrolyze the body;
478.14(3) the name, address, telephone number, relationship to the deceased, and signature
478.15of the person or persons with legal right to control final disposition or a legal designee;
478.16(4) directions for the disposition of any nonhydrolyzed materials or items recovered
478.17from the alkaline hydrolysis vessel;
478.18(5) acknowledgment that the hydrolyzed remains will be dried and mechanically
478.19reduced to a granulated appearance and placed in an appropriate container and
478.20authorization to place any hydrolyzed remains that a selected urn or container will not
478.21accommodate into a temporary container;
478.22(6) acknowledgment that, even with the exercise of reasonable care, it is not possible
478.23to recover all particles of the hydrolyzed remains and that some particles may inadvertently
478.24become commingled with particles of other hydrolyzed remains that remain in the alkaline
478.25hydrolysis vessel or other mechanical devices used to process the hydrolyzed remains;
478.26(7) directions for the ultimate disposition of the hydrolyzed remains; and
478.27(8) a statement that includes, but is not limited to, the following information:
478.28"During the alkaline hydrolysis process, chemical dissolution using heat, water, and an
478.29alkaline solution is used to chemically break down the human tissue and the hydrolyzable
478.30alkaline hydrolysis container. After the process is complete, the liquid effluent solution
478.31contains the chemical by-products of the alkaline hydrolysis process except for the
478.32deceased's bone fragments. The solution is cooled and released according to local
478.33environmental regulations. A water rinse is applied to the hydrolyzed remains which are
478.34then dried and processed to facilitate inurnment or scattering."
478.35    Subd. 13. Limitation of liability. A licensed alkaline hydrolysis facility acting in
478.36good faith, with reasonable reliance upon an authorization to hydrolyze, pursuant to an
479.1authorization to hydrolyze and in an otherwise lawful manner, shall be held harmless from
479.2civil liability and criminal prosecution for any actions taken by the alkaline hydrolysis
479.3facility.
479.4    Subd. 14. Acceptance of delivery of body. (a) No dead human body shall be
479.5accepted for final disposition by alkaline hydrolysis unless:
479.6(1) encased in an appropriate alkaline hydrolysis container;
479.7(2) accompanied by a disposition permit issued pursuant to section 149A.93,
479.8subdivision 3, including a photocopy of the completed death record or a signed release
479.9authorizing alkaline hydrolysis of the body received from the coroner or medical
479.10examiner; and
479.11(3) accompanied by an alkaline hydrolysis authorization that complies with
479.12subdivision 12.
479.13    (b) An alkaline hydrolysis facility shall refuse to accept delivery of an alkaline
479.14hydrolysis container where there is:
479.15(1) evidence of leakage of fluids from the alkaline hydrolysis container;
479.16(2) a known dispute concerning hydrolysis of the body delivered;
479.17(3) a reasonable basis for questioning any of the representations made on the written
479.18authorization to hydrolyze; or
479.19(4) any other lawful reason.
479.20    Subd. 15. Bodies awaiting hydrolysis. A dead human body must be hydrolyzed
479.21within 24 hours of the alkaline hydrolysis facility accepting legal and physical custody of
479.22the body.
479.23    Subd. 16. Handling of alkaline hydrolysis containers for dead human bodies.
479.24All alkaline hydrolysis facility employees handling alkaline hydrolysis containers for
479.25dead human bodies shall use universal precautions and otherwise exercise all reasonable
479.26precautions to minimize the risk of transmitting any communicable disease from the body.
479.27No dead human body shall be removed from the container in which it is delivered.
479.28    Subd. 17. Identification of body. All licensed alkaline hydrolysis facilities shall
479.29develop, implement, and maintain an identification procedure whereby dead human
479.30bodes can be identified from the time the alkaline hydrolysis facility accepts delivery
479.31of the remains until the hydrolyzed remains are released to an authorized party. After
479.32hydrolyzation, an identifying disk, tab, or other permanent label shall be placed within the
479.33hydrolyzed remains container before the hydrolyzed remains are released from the alkaline
479.34hydrolysis facility. Each identification disk, tab, or label shall have a number that shall
479.35be recorded on all paperwork regarding the decedent. This procedure shall be designed
479.36to reasonably ensure that the proper body is hydrolyzed and that the hydrolyzed remains
480.1are returned to the appropriate party. Loss of all or part of the hydrolyzed remains or the
480.2inability to individually identify the hydrolyzed remains is a violation of this subdivision.
480.3    Subd. 18. Alkaline hydrolysis vessel for human remains. A licensed alkaline
480.4hydrolysis facility shall knowingly hydrolyze only dead human bodies or human remains
480.5in an alkaline hydrolysis vessel, along with the alkaline hydrolysis container used for
480.6infectious disease control.
480.7    Subd. 19. Alkaline hydrolysis procedures; privacy. The final disposition of
480.8dead human bodies by alkaline hydrolysis shall be done in privacy. Unless there is
480.9written authorization from the person with the legal right to control the disposition,
480.10only authorized alkaline hydrolysis facility personnel shall be permitted in the alkaline
480.11hydrolysis area while any dead human body is in the alkaline hydrolysis area awaiting
480.12alkaline hydrolysis, in the alkaline hydrolysis vessel, being removed from the alkaline
480.13hydrolysis vessel, or being processed and placed in a hydrolyzed remains container.
480.14    Subd. 20. Alkaline hydrolysis procedures; commingling of hydrolyzed remains
480.15prohibited. Except with the express written permission of the person with the legal right
480.16to control the disposition, no alkaline hydrolysis facility shall hydrolyze more than one
480.17dead human body at the same time and in the same alkaline hydrolysis vessel, or introduce
480.18a second dead human body into an alkaline hydrolysis vessel until reasonable efforts have
480.19been employed to remove all fragments of the preceding hydrolyzed remains, or hydrolyze
480.20a dead human body and other human remains at the same time and in the same alkaline
480.21hydrolysis vessel. This section does not apply where commingling of human remains
480.22during alkaline hydrolysis is otherwise provided by law. The fact that there is incidental
480.23and unavoidable residue in the alkaline hydrolysis vessel used in a prior hydrolyzation is
480.24not a violation of this subdivision.
480.25    Subd. 21. Alkaline hydrolysis procedures; removal from alkaline hydrolysis
480.26vessel. Upon completion of the alkaline hydrolysis process, reasonable efforts shall be
480.27made to remove from the alkaline hydrolysis vessel all of the recoverable hydrolyzed
480.28remains and nonhydrolyzed materials or items. Further, all reasonable efforts shall be
480.29made to separate and recover the nonhydrolyzed materials or items from the hydrolyzed
480.30human remains and dispose of these materials in a lawful manner, by the alkaline
480.31hydrolysis facility. The hydrolyzed human remains shall be placed in an appropriate
480.32container to be transported to the processing area.
480.33    Subd. 22. Drying device or mechanical processor procedures; commingling of
480.34hydrolyzed remains prohibited. Except with the express written permission of the
480.35person with the legal right to control the final disposition or otherwise provided by
480.36law, no alkaline hydrolysis facility shall dry or mechanically process the hydrolyzed
481.1human remains of more than one body at a time in the same drying device or mechanical
481.2processor, or introduce the hydrolyzed human remains of a second body into a drying
481.3device or mechanical processor until processing of any preceding hydrolyzed human
481.4remains has been terminated and reasonable efforts have been employed to remove all
481.5fragments of the preceding hydrolyzed remains. The fact that there is incidental and
481.6unavoidable residue in the drying device, the mechanical processor, or any container used
481.7in a prior alkaline hydrolysis process, is not a violation of this provision.
481.8    Subd. 23. Alkaline hydrolysis procedures; processing hydrolyzed remains. The
481.9hydrolyzed human remains shall be dried and then reduced by a motorized mechanical
481.10device to a granulated appearance appropriate for final disposition and placed in an
481.11alkaline hydrolysis remains container along with the appropriate identifying disk, tab,
481.12or permanent label. Processing must take place within the licensed alkaline hydrolysis
481.13facility. Dental gold, silver or amalgam, jewelry, or mementos, to the extent that they
481.14can be identified, may be removed prior to processing the hydrolyzed remains, only by
481.15staff licensed or registered by the commissioner of health; however, any dental gold and
481.16silver, jewelry, or mementos that are removed shall be returned to the hydrolyzed remains
481.17container unless otherwise directed by the person or persons having the right to control the
481.18final disposition. Every person who removes or possesses dental gold or silver, jewelry,
481.19or mementos from any hydrolyzed remains without specific written permission of the
481.20person or persons having the right to control those remains is guilty of a misdemeanor.
481.21The fact that residue and any unavoidable dental gold or dental silver, or other precious
481.22metals remain in the alkaline hydrolysis vessel or other equipment or any container used
481.23in a prior hydrolysis is not a violation of this section.
481.24    Subd. 24. Alkaline hydrolysis procedures; container of insufficient capacity.
481.25If a hydrolyzed remains container is of insufficient capacity to accommodate all
481.26hydrolyzed remains of a given dead human body, subject to directives provided in the
481.27written authorization to hydrolyze, the alkaline hydrolysis facility shall place the excess
481.28hydrolyzed remains in a secondary alkaline hydrolysis remains container and attach the
481.29second container, in a manner so as not to be easily detached through incidental contact, to
481.30the primary alkaline hydrolysis remains container. The secondary container shall contain a
481.31duplicate of the identification disk, tab, or permanent label that was placed in the primary
481.32container and all paperwork regarding the given body shall include a notation that the
481.33hydrolyzed remains were placed in two containers. Keepsake jewelry or similar miniature
481.34hydrolyzed remains containers are not subject to the requirements of this subdivision.
481.35    Subd. 25. Disposition procedures; commingling of hydrolyzed remains
481.36prohibited. No hydrolyzed remains shall be disposed of or scattered in a manner or in
482.1a location where the hydrolyzed remains are commingled with those of another person
482.2without the express written permission of the person with the legal right to control
482.3disposition or as otherwise provided by law. This subdivision does not apply to the
482.4scattering or burial of hydrolyzed remains at sea or in a body of water from individual
482.5containers, to the scattering or burial of hydrolyzed remains in a dedicated cemetery, to
482.6the disposal in a dedicated cemetery of accumulated residue removed from an alkaline
482.7hydrolysis vessel or other alkaline hydrolysis equipment, to the inurnment of members
482.8of the same family in a common container designed for the hydrolyzed remains of more
482.9than one body, or to the inurnment in a container or interment in a space that has been
482.10previously designated, at the time of sale or purchase, as being intended for the inurnment
482.11or interment of the hydrolyzed remains of more than one person.
482.12    Subd. 26. Alkaline hydrolysis procedures; disposition of accumulated residue.
482.13Every alkaline hydrolysis facility shall provide for the removal and disposition in a
482.14dedicated cemetery of any accumulated residue from any alkaline hydrolysis vessel,
482.15drying device, mechanical processor, container, or other equipment used in alkaline
482.16hydrolysis. Disposition of accumulated residue shall be according to the regulations of the
482.17dedicated cemetery and any applicable local ordinances.
482.18    Subd. 27. Alkaline hydrolysis procedures; release of hydrolyzed remains.
482.19Following completion of the hydrolyzation, the inurned hydrolyzed remains shall be
482.20released according to the instructions given on the written authorization to hydrolyze. If
482.21the hydrolyzed remains are to be shipped, they must be securely packaged and transported
482.22by a method which has an internal tracing system available and which provides for a
482.23receipt signed by the person accepting delivery. Where there is a dispute over release
482.24or disposition of the hydrolyzed remains, an alkaline hydrolysis facility may deposit
482.25the hydrolyzed remains with a court of competent jurisdiction pending resolution of the
482.26dispute or retain the hydrolyzed remains until the person with the legal right to control
482.27disposition presents satisfactory indication that the dispute is resolved.
482.28    Subd. 28. Unclaimed hydrolyzed remains. If, after 30 calendar days following
482.29the inurnment, the hydrolyzed remains are not claimed or disposed of according to the
482.30written authorization to hydrolyze, the alkaline hydrolysis facility or funeral establishment
482.31may give written notice, by certified mail, to the person with the legal right to control
482.32the final disposition or a legal designee, that the hydrolyzed remains are unclaimed and
482.33requesting further release directions. Should the hydrolyzed remains be unclaimed 120
482.34calendar days following the mailing of the written notification, the alkaline hydrolysis
482.35facility or funeral establishment may dispose of the hydrolyzed remains in any lawful
482.36manner deemed appropriate.
483.1    Subd. 29. Required records. Every alkaline hydrolysis facility shall create and
483.2maintain on its premises or other business location in Minnesota an accurate record of
483.3every hydrolyzation provided. The record shall include all of the following information
483.4for each hydrolyzation:
483.5(1) the name of the person or funeral establishment delivering the body for alkaline
483.6hydrolysis;
483.7(2) the name of the deceased and the identification number assigned to the body;
483.8(3) the date of acceptance of delivery;
483.9(4) the names of the alkaline hydrolysis vessel, drying device, and mechanical
483.10processor operator;
483.11(5) the time and date that the body was placed in and removed from the alkaline
483.12hydrolysis vessel;
483.13(6) the time and date that processing and inurnment of the hydrolyzed remains
483.14was completed;
483.15(7) the time, date, and manner of release of the hydrolyzed remains;
483.16(8) the name and address of the person who signed the authorization to hydrolyze;
483.17(9) all supporting documentation, including any transit or disposition permits, a
483.18photocopy of the death record, and the authorization to hydrolyze; and
483.19(10) the type of alkaline hydrolysis container.
483.20    Subd. 30. Retention of records. Records required under subdivision 29 shall be
483.21maintained for a period of three calendar years after the release of the hydrolyzed remains.
483.22Following this period and subject to any other laws requiring retention of records, the
483.23alkaline hydrolysis facility may then place the records in storage or reduce them to
483.24microfilm, microfiche, laser disc, or any other method that can produce an accurate
483.25reproduction of the original record, for retention for a period of ten calendar years from
483.26the date of release of the hydrolyzed remains. At the end of this period and subject to any
483.27other laws requiring retention of records, the alkaline hydrolysis facility may destroy
483.28the records by shredding, incineration, or any other manner that protects the privacy of
483.29the individuals identified.

483.30    Sec. 88. Minnesota Statutes 2012, section 149A.96, subdivision 9, is amended to read:
483.31    Subd. 9. Hydrolyzed and cremated remains. Subject to section 149A.95,
483.32subdivision 16
, inurnment of the hydrolyzed or cremated remains and release to an
483.33appropriate party is considered final disposition and no further permits or authorizations
483.34are required for disinterment, transportation, or placement of the hydrolyzed or cremated
483.35remains.

484.1    Sec. 89. Minnesota Statutes 2012, section 257.75, subdivision 7, is amended to read:
484.2    Subd. 7. Hospital and Department of Health; recognition form. Hospitals that
484.3provide obstetric services and the state registrar of vital statistics shall distribute the
484.4educational materials and recognition of parentage forms prepared by the commissioner of
484.5human services to new parents, shall assist parents in understanding the recognition of
484.6parentage form, including following the provisions for notice under subdivision 5, shall
484.7provide notary services for parents who complete the recognition of parentage form, and
484.8shall timely file the completed recognition of parentage form with the Office of the State
484.9Registrar of Vital Statistics Records unless otherwise instructed by the Office of the State
484.10Registrar of Vital Statistics Records. On and after January 1, 1994, hospitals may not
484.11distribute the declaration of parentage forms.

484.12    Sec. 90. Minnesota Statutes 2012, section 260C.635, subdivision 1, is amended to read:
484.13    Subdivision 1. Legal effect. (a) Upon adoption, the adopted child becomes the legal
484.14child of the adopting parent and the adopting parent becomes the legal parent of the child
484.15with all the rights and duties between them of a birth parent and child.
484.16(b) The child shall inherit from the adoptive parent and the adoptive parent's
484.17relatives the same as though the child were the birth child of the parent, and in case of the
484.18child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit
484.19the child's estate as if the child had been the adoptive parent's birth child.
484.20(c) After a decree of adoption is entered, the birth parents or previous legal parents
484.21of the child shall be relieved of all parental responsibilities for the child except child
484.22support that has accrued to the date of the order for guardianship to the commissioner
484.23which continues to be due and owing. The child's birth or previous legal parent shall not
484.24exercise or have any rights over the adopted child or the adopted child's property, person,
484.25privacy, or reputation.
484.26(d) The adopted child shall not owe the birth parents or the birth parent's relatives
484.27any legal duty nor shall the adopted child inherit from the birth parents or kindred unless
484.28otherwise provided for in a will of the birth parent or kindred.
484.29    (e) Upon adoption, the court shall complete a certificate of adoption form and mail
484.30the form to the Office of the State Registrar Vital Records at the Minnesota Department
484.31of Health. Upon receiving the certificate of adoption, the state registrar shall register a
484.32replacement vital record in the new name of the adopted child as required under section
484.33144.218 .

484.34    Sec. 91. Minnesota Statutes 2012, section 517.001, is amended to read:
485.1517.001 DEFINITION.
485.2As used in this chapter, "local registrar" has the meaning given in section 144.212,
485.3subdivision 10
means an individual designated by the county board of commissioners to
485.4register marriages.

485.5    Sec. 92. REVISOR'S INSTRUCTION.
485.6The revisor shall substitute the term "vertical heat exchangers" or "vertical
485.7heat exchanger" with "bored geothermal heat exchangers" or "bored geothermal heat
485.8exchanger" wherever it appears in Minnesota Statutes, sections 103I.005, subdivisions
485.92 and 12; 103I.101, subdivisions 2 and 5; 103I.105; 103I.205, subdivision 4; 103I.208,
485.10subdivision 2; 103I.501; 103I.531, subdivision 5; and 103I.641, subdivisions 1, 2, and 3.

485.11    Sec. 93. REPEALER.
485.12(a) Minnesota Statutes 2012, sections 62J.693; 103I.005, subdivision 20; 149A.025;
485.13149A.20, subdivision 8; 149A.30, subdivision 2; 149A.40, subdivision 8; 149A.45,
485.14subdivision 6; 149A.50, subdivision 6; 149A.51, subdivision 7; 149A.52, subdivision 5a;
485.15149A.53, subdivision 9; and 485.14, are repealed.
485.16(b) Minnesota Statutes 2012, section 144.123, subdivision 2, is repealed effective
485.17July 1, 2014.