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Legislative Update
By Joe Sellwood, Cook Girard Associates
MFDA’s 2022 SESSION
The 2022 session has adjourned and while much of the session was successful for MFDA, the outcome greatly disappoints. When we began the session, there was optimism MFDA could move forward with policy provisions crafted to address workforce, education, and licensure. However, unlicensed removals became the focus of policymakers and our attention turned to finding a solution without completely transforming funeral service. Without the continuous engagement of MFDA’s Legislative Committee and Board, licensed morticians in Minnesota could have faced a completely different regulatory landscape today as lawmakers explored ways to open funeral service and the duties of licensed morticians to anyone, regardless of license, training, or background. Though ultimately unsuccessful (due to unrelated disagreements between the House and Senate), MFDA’s commitment to finding solutions resulted in crafting, advocating, and furthering broadly supported policy. Facing the real possibility of policy to deregulate funeral service in an unworkable way, MFDA was a driving force in opposing such policy and supporting the new Transfer Care Specialist registration legislation to address removals while maintaining a high standard of training, oversight, and accountability. In addition to the Transfer Care Specialist provisions, two more changes were proposed within the package that moved forward throughout session: the cremation of an identifiable body part would be clearly permitted with the addition of the definition for a “Dead human body or body” (149A.02, Subd. 12c), and the time period for holding human remains was extended to thirty days, with an additional thirty days permitted with notice given to the Department of Health (149A.94, Subd. 1). While the MFDA-supported Transfer Care Specialist language began in one bill, which was then amended into another bill, and ultimately included in the House Health and Human Services Omnibus Supplemental Budget bill which very unfortunately did not pass due to factors far outside of mortuary science policy. More detail is below, as well as background and information on legislation impacting the funeral profession.
Transfer Care Specialist
The legislation created the Transfer Care Specialist registration. The Transfer Care Specialist is required to register annually with the Department of Health and under the direct supervision of a licensed mortician. The registration with the Department of Health requires the completion of the application, a fee of $687, and proof of the completion of a training program every five years. The training program must be approved by the Department of Health and must include 1) ethical care and transportation procedures for a deceased person 2) health and safety concerns to the public and the individual performing the transfer of the deceased person, and 3) all relevant state and federal laws and regulations related to the transfer and transportation of deceased persons. The Department of Health may deny, revoke, suspend, or place limits on the Transfer Care Specialists registration. The Transfer Care Specialist must comply with 149A, and can be held accountable to disciplinary action by the Department of Health. In addition, the supervising mortician is responsible for the work performed by the Transfer Care Specialist and each supervising mortician may supervise up to six Transfer Care Specialists.
Cremation of an Identifiable Body Part
The legislation added a definition for “Dead human body or body” to include an identifiable human body part that is detached from a human body. This modification clarifies the permissibility of the cremation of a detached limb/ identifiable human body part.
Holding of Remains
Added later in session, and as an alternative to an open-ended time period for the holding of remains, this changed the time a body may be kept in refrigeration. A body may be kept in refrigeration up to 30 days if the funeral establishment provides notice by the 14th day that the body will be kept in refrigeration for more than 14 days and that the person with the right to control final disposition may make other arrangements. The funeral establishment may hold a body for an additional 30 days if the funeral establishment reports to the commissioner.
Deregulation is an issue MFDA has been wrestling with for several years. More prominently since 2019 with the introduction of SF 697 (Koran) and HF 2309 (Noor). As proposed, the legislation opened mortuary science to unlicensed personnel, permitting them to make arrangements, direct and supervise funerals, memorials or graveside services. MFDA opposed these efforts and was successful in stopping the legislation from moving forward during the 2019-2020 session, though it created more interest among lawmakers from both sides of the aisle focused on reducing barriers to joining the workforce. This interest was driven by the general trend toward deregulation and reinforced by funeral professionals’ outreach to policymakers. The 2021-2022 session began in the midst of the ongoing pandemic and the funeral profession in Minnesota had firsthand experience with unlicensed individuals making removals following Governor Walz’s Executive Order 20-32, codified by 2020 session law Chapter 74. The Executive Order and subsequent law permitted the Department of Health to delay, waive, or modify provisions within 149A during the Peacetime Emergency. Among the waivers issued by the Department of Health was a policy to allow unlicensed individuals to make removals of dead human bodies from the place of death. Once implemented in the late spring of 2020, this policy remained in place through August of 2021 and was utilized by over one-hundred unlicensed individuals. Following the expiration of the waivers, there were requests for additional legislation to re-authorize removals by unlicensed personnel. This required a special session to reimplement the policy prior to January 31st, 2022, which never came to fruition – but did gain traction as part of the Department of Health’s waiver legislation (Chapter 40) in early February during the 2022 regular session. Ultimately, the Department of Health did not include the mortuary science waivers as part of their legislative request after determining they were unnecessary. MFDA did not oppose the waivers, but held a strong position that unlicensed individuals making removals is a significant scope of practice change which should not be addressed with temporary waivers crafted to address short-term needs. MFDA has had a genuine interest in finding a solution that membership desired and could be properly vetted through the legislative process in collaboration with stakeholders and the Department of Health. MFDA’s determination to craft and support good policy for Minnesota’s funeral professionals proved to be very effective regardless of the disappointing outcome to the 2022 session.
LEGISLATION OF INTEREST TO MFDA
HF 4160 / SF 3664 - Transfer Care Specialist Authors: Representative Joe Schomacker (R – Luverne), Senator Mark Koran (R – North Branch) Introduced during the 2022 session, HF 4160 / SF 3664 served as MFDA’s proposal to counter the original language in HF 1888 / SF 1847. While these bills did not move, the language was amended into HF 1888 / SF 1847 in late March of 2022. MFDA worked diligently to craft policy that included stakeholder input, and most importantly, was what MFDA members preferred. A critical component of creating this new regulated occupation was input from the funeral profession, and MFDA was able to work with the University of Minnesota Medical School’s Program of Mortuary Science on the research study of funeral professionals’ attitudes toward current and potential policies. Using the data gathered from the University of Minnesota research study, in conjunction with member input, the Legislative Committee worked to formalize the Transfer Care Specialist legislation. Ultimately introduced in April of 2022, this legislation served as the solution that legislators were searching for to address the funeral service workforce and provide a new option for the removal of bodies from the place of death. The Transfer Care Specialist policy contains provisions important to MFDA members: required training, licensed mortician supervision, and Department of Health regulation to provide protection of the public’s health as well as consumer protection. Legislators were pleased to support the Transfer Care Specialist legislation, and MFDA can be proud of working to find the solution to a problem.
HF 1888 / SF 1847 - Unlicensed Individuals Authorized to Practice Mortuary Science Authors: Representative John Huot (DFL – Rosemount), Senator Mark Koran (R – North Branch) Introduced in March of 2021, the legislation did not receive a hearing throughout the first year of the biennium. However, we knew there was interest from legislators to move the proposal forward in 2022. MFDA prepared to oppose the legislation while working to find a solution that could be agreed upon by the House and Senate authors, other stakeholders, and the Department of Health. Ultimately, MFDA was successful in its opposition to the original language of HF 1888 and SF 1847 and in late March reached agreement on moving forward with the Transfer Care Specialist language from HF 4160 and SF 3664.
MONDAY, MARCH 7, 2022: HOUSE HEALTH FINANCE & POLICY
HF 1888 received its first hearing on March 7, 2022 in the House Health Finance & Policy Committee. MFDA opposed the legislation, as it permitted unlicensed individuals to operate under the supervision of a licensed mortician and make removals, arrange, direct, and supervise funerals, memorials or graveside services. MFDA testified in opposition on the basis that this permitted unlicensed individuals to practice mortuary science without requiring the proper training or oversight of a license, creating an environment where both the public health and consumer protections could be at risk. HF 1888 was held in the committee’s jurisdiction to be acted upon at a later date.
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TUESDAY, MARCH 22, 2022: HOUSE HEALTH FINANCE & POLICY
Following multiple discussions with authors, we found a compromise position that included nearly all the MFDA Transfer Care Specialist language in HF 4160. MFDA provided written testimony in support of the new language. In addition to the Transfer Care Specialist language, the legislation was amended to modify the timeline for the holding of human remains to allow 30 days, with an additional 30 days following notice to the Department of Health. Furthermore, it added a new definition for “Dead human body or body”, clearly permitting the cremation of identifiable body parts. The House Health Finance & Policy Committee amended and passed HF 1888 on a unanimous vote. WEDNESDAY, MARCH 23, 2022: SENATE HEALTH AND HUMAN SERVICES FINANCE & POLICY The Senate Health and Human Services Policy & Finance committee had its initial hearing on the companion bill, SF 1847, and similarly amended it with the new agreed-upon language. MFDA testified in support of the new language, and additional support was provided by the Institute for Justice, supporters of the first deregulation bill (SF 697) in 2019. The committee passed the bill on a unanimous vote.
MONDAY, APRIL 4, 2022: HOUSE WAYS AND MEANS The House Ways and Means committee heard HF 1888, and while the committee generally only deals with the finance issues of a bill and does not take public testimony, MFDA did testify in support of the legislation to clarify member questions on the funeral profession’s support for the policy. With the fiscal analysis from the Department of Health, and Minnesota IT Services (MN.IT), the annual fee was established at $687/ Transfer Care Specialist based on the costs to implement and administer the new registration. The committee passed the bill to the House Floor.
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HF 4706 / SF 4410 - Health and Human Services Omnibus Supplemental Budget Authors: Representative Tina Liebling (DFL – Rochester), Senator Jim Abeler (R – Anoka) In the final days of the session, policymakers failed to come to an agreement on the Health and Human Services Omnibus Supplemental Budget bill. The anticipated final package would have included the Transfer Care Specialist language, the language permitting the cremation of limbs, and the extension of the timeline for holding remains.
HF 3466 / SF 3045 - Natural Organic Reduction Representative John Huot (DFL – Rosemount), Senator Chris Eaton (DFL – Brooklyn Center) Position: MFDA did not have a position on the legislation as it was unlikely to get a hearing during the 2022 session. Introduced in February of 2022, this additional option for final disposition required significant work among the funeral profession and Department of Health. Through discussions, we learned this legislation was unlikely to move forward, and remained focused on issues that were under consideration. This language was offered as an amendment to the Senate’s Health and Human Services Omnibus Supplemental Budget bill, but was not adopted as the bill had not been vetted through the committee process. It is anticipated this proposal will be introduced in legislation again in the future.
