MN Funeral Juris flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Minnesota Funeral Practice Act citation

Minn. Stat. ch. 149A is the Funeral Practice Act; Minn. R. ch. 1800 contains implementing rules, and the Minnesota Board of Funeral Arts administers both.

Combined funeral director/mortician license

Minnesota issues a combined credential to applicants who satisfy education, examination, and internship requirements for both funeral directing and embalming practice.

Person in charge requirement

Each licensed funeral establishment must designate a licensed funeral director as the person in charge, who is accountable for the establishment's compliance with the Act.

Establishment license is location-specific

A funeral establishment license applies only to the licensed address; relocation or a new location requires Board notice and a new or amended license.

Preparation room standards

The embalming room must have required ventilation, plumbing, sanitation, and security, and must comply with building, fire, and OSHA standards.

Board inspection authority

The Board or its designee may inspect an establishment, its preparation room, and its records during business hours; refusal can support discipline.

National Board Examination

The CFSEB National Board Examination plus a Minnesota jurisprudence examination are the standard written examinations for funeral service licensure.

Continuing education requirement

Licensees must complete a defined number of CE clock hours per renewal cycle, including Minnesota law, ethics, or practice content, and retain certificates for audit.

Licensure by endorsement

The Board may license applicants from other states when their education, examination, and experience are substantially equivalent, often requiring the Minnesota jurisprudence exam.

Supervised internship requirement

Applicants must complete a supervised practicum under a licensed funeral director or mortician who attests to the trainee's hours and competencies.

Right of disposition priority

Minn. Stat. ch. 149A sets the order of persons who may control disposition, generally beginning with a surviving spouse and then other listed relatives.

Written appointment of agent

A decedent may appoint an agent in a written document to control disposition; a valid appointment can rank ahead of statutory relatives.

Cost liability for disposition

The person with the right of disposition is responsible for reasonable disposition costs, and the funeral director may rely on that person's signed authorization.

Unclaimed remains procedure

Statute governs notice and permissible disposition of unclaimed remains after the required waiting period, including cremation or burial by a government unit.

Embalming requirement trigger

Embalming is generally required for common-carrier transport or delayed disposition unless refrigeration or another approved method is used.

Burial-transit permit

A burial-transit permit, issued by the local registrar after death certificate filing, is required before burial, cremation, or removal of remains.

Medical certification of death

The attending physician, medical examiner, or coroner completes the cause-of-death portion; the funeral director may not alter the medical certification.

Death certificate filing duty

The funeral director generally files the death certificate with the local registrar within the statutory time and obtains the burial-transit permit.

Medical examiner referral

Deaths requiring investigation must be reported to the medical examiner or coroner before embalming or disposition proceeds.

Cremation authorization

Cremation requires written authorization from the person with the right of disposition and removal of pacemakers and hazardous implants before the process begins.

Crematory identification procedure

The crematory must verify identity before cremation and maintain an identification tag with the remains throughout the cremation process.

Cemetery care fund

Minnesota cemetery associations must maintain care funds and follow platting and record requirements under Minn. Stat. ch. 306 and ch. 307.

Disinterment authorization

Disinterment requires a court order or state registrar authorization plus consent of the cemetery and the person with the right of disposition.

Preneed contract disclosures

Preneed contracts must disclose price, goods and services, funding method, guaranteed or non-guaranteed status, and the buyer's cancellation rights in writing.

Preneed trust funding

Funds paid on preneed contracts must be deposited into trust or used to purchase insurance-funded coverage, with documentation provided to the buyer.

Guaranteed preneed contract

A guaranteed contract fixes the price so the seller bears future cost increases; a non-guaranteed contract leaves the buyer responsible for increases.

Preneed cancellation right

Buyers have a statutory right to cancel a preneed contract and receive a refund of principal, subject to the terms permitted by law.

Prohibited conduct examples

Unlicensed practice, fraud, falsifying records or death certificates, and practicing while impaired are prohibited acts subject to Board discipline.

Board disciplinary sanctions

The Board may reprimand, place on probation, suspend, revoke, impose civil penalties, and require remediation or additional continuing education.

Self-reporting duty

Licensees must report certain criminal convictions and out-of-state disciplinary actions to the Board within the time required by statute or rule.

Unlicensed practice enforcement

The Board may seek injunctive relief against unlicensed practice and may refer criminal conduct to law enforcement for prosecution.

Scope of funeral directing

Licensed funeral directing includes arranging and directing funerals, making disposition arrangements, and transporting remains; unlicensed practice is prohibited.