Minnesota Statutes
Chapter 149A — Mortuary Science; Disposition Of Dead Bodies
Section 149A.74 — Funeral Services Provided Without Prior Approval.

Subdivision 1. Services provided without prior approval; deceptive acts or practices. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for any funeral provider to embalm a dead human body unless state or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which might be made, or prior approval for embalming has been obtained from an individual legally authorized to make such a decision. In seeking approval to embalm, the funeral provider must disclose that embalming is not required by law except in certain circumstances; that a fee will be charged if a funeral is selected which requires embalming, such as a funeral with viewing; and that no embalming fee will be charged if the family selects a service which does not require embalming, such as direct alkaline hydrolysis, direct cremation, or immediate burial.
Subd. 2. Services provided without prior approval; preventive requirement. To prevent unfair or deceptive acts or practices, funeral providers must include on the itemized statement of funeral goods or services, as described in section 149A.71, subdivision 2, paragraph (f), the statement "If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as direct alkaline hydrolysis, direct cremation, or immediate burial. If we charged for embalming, we will explain why below."
1997 c 215 s 31; 2007 c 114 s 38; 2013 c 108 art 12 s 90

Structure Minnesota Statutes

Minnesota Statutes

Chapters 144 - 159 — Health

Chapter 149A — Mortuary Science; Disposition Of Dead Bodies

Section 149A.01 — Purpose And Scope.

Section 149A.02 — Definitions.

Section 149A.03 — Duties Of Commissioner.

Section 149A.04 — Enforcement.

Section 149A.05 — Correction Orders.

Section 149A.06 — Administrative Penalty Orders.

Section 149A.07 — Injunctive Relief.

Section 149A.08 — Cease And Desist Order.

Section 149A.09 — Denial; Refusal To Reissue; Revocation; Suspension; Limitation Of License Or Permit.

Section 149A.10 — Additional Remedies.

Section 149A.11 — Publication Of Disciplinary Actions.

Section 149A.20 — License To Practice Mortuary Science.

Section 149A.30 — Reciprocal Licensing.

Section 149A.40 — Renewal Of License To Practice Mortuary Science.

Section 149A.45 — Emeritus Registration For Mortuary Science Practitioners.

Section 149A.50 — License To Operate A Funeral Establishment.

Section 149A.51 — Renewal Of License To Operate A Funeral Establishment.

Section 149A.52 — License To Operate A Crematory.

Section 149A.53 — Renewal Of License To Operate Crematory.

Section 149A.54 — License To Operate An Alkaline Hydrolysis Facility.

Section 149A.55 — Renewal Of License To Operate An Alkaline Hydrolysis Facility.

Section 149A.60 — Prohibited Conduct.

Section 149A.61 — Complaints; Reporting Obligations; Form; Response.

Section 149A.62 — Immunity; Reporting.

Section 149A.63 — Professional Cooperation.

Section 149A.65 — Fees.

Section 149A.70 — Business Practices.

Section 149A.71 — Funeral Industry Practices; Price Disclosures.

Section 149A.72 — Funeral Industry Practices; Misrepresentations.

Section 149A.73 — Funeral Industry Practices, Goods, Or Services.

Section 149A.74 — Funeral Services Provided Without Prior Approval.

Section 149A.745 — Prohibition On Preinterment Of Outer Burial Containers.

Section 149A.75 — Funeral Industry Practices; Retention Of Documents.

Section 149A.76 — Funeral Industry Practices; Comprehension Of Disclosures.

Section 149A.80 — Death; Right To Control And Duty Of Disposition.

Section 149A.81 — Anatomical Gifts.

Section 149A.90 — Death; Registration And Removal From Place Of Death.

Section 149A.91 — Preparation Of Body.

Section 149A.92 — Preparation And Embalming Room.

Section 149A.93 — Transportation Of Dead Human Bodies.

Section 149A.94 — Final Disposition.

Section 149A.941 — Alkaline Hydrolysis Facilities And Alkaline Hydrolysis.

Section 149A.95 — Crematories And Cremation.

Section 149A.96 — Disinterment And Reinterment.

Section 149A.97 — Preneed Arrangements.

Section 149A.98 — Recovery Of Attorney Fees.