Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 106-S.F.No. 1579
An act relating to health; modifying the Health Care
Administrative Simplification Act of 1994; modifying
requirements of federal Drug Enforcement
Administration registration numbers; modifying
provisions for wells, borings, and underground uses;
modifying requirements for filing and issuing death
records; modifying provisions for disposition of dead
bodies; eliminating authority to designate certain
morticians; amending Minnesota Statutes 2004, sections
62J.51, subdivisions 17, 18; 62J.52, subdivisions 1,
2, 5; 62J.54, subdivisions 1, 2; 62J.581, subdivision
5; 103I.005, subdivisions 4a, 6, 7, 10, 12, by adding
subdivisions; 103I.101, subdivisions 2, 5; 103I.105;
103I.111, subdivisions 1, 3; 103I.115; 103I.205,
subdivisions 4, 9; 103I.208, subdivisions 1, 2;
103I.231; 103I.325, subdivision 2; 103I.345,
subdivision 2; 103I.401; 103I.501; 103I.505; 103I.525,
subdivisions 1, 2, 4, 5, 8, by adding a subdivision;
103I.531, subdivisions 1, 2, 4, 5, 8, by adding a
subdivision; 103I.535, subdivisions 1, 2, 4, 5, 7, 8,
9, by adding a subdivision; 103I.541; 103I.545,
subdivision 2; 103I.601, subdivisions 4, 9; 144.221,
subdivision 1; 144.225, subdivision 7; 149A.93,
subdivisions 1, 2, 3, 4, 5; 149A.94, subdivision 3;
149A.96, subdivisions 1, 4, 7; Laws 1998, chapter 316,
section 4; repealing Minnesota Statutes 2004, sections
103I.005, subdivision 13; 103I.222; 144.214,
subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 62J.51,
subdivision 17, is amended to read:
Subd. 17. [UNIFORM BILLING FORM HCFA CMS 1450.] "Uniform
billing form HCFA CMS 1450" means the uniform billing form known
as the HCFA CMS 1450 or UB92, developed by the National Uniform
Billing Committee in 1992 and approved for implementation in
October 1993, and any subsequent amendments to the form.
Sec. 2. Minnesota Statutes 2004, section 62J.51,
subdivision 18, is amended to read:
Subd. 18. [UNIFORM BILLING FORM HCFA CMS 1500.] "Uniform
billing form HCFA CMS 1500" means the 1990 version of the health
insurance claim form, HCFA CMS 1500, developed by the National
Uniform claims form task force of the federal Health Care
Financing Administration Claim Committee and any subsequent
amendments to the form.
Sec. 3. Minnesota Statutes 2004, section 62J.52,
subdivision 1, is amended to read:
Subdivision 1. [UNIFORM BILLING FORM HCFA CMS 1450.] (a)
On and after January 1, 1996, all institutional inpatient
hospital services, ancillary services, institutionally owned or
operated outpatient services rendered by providers in Minnesota,
and institutional or noninstitutional home health services that
are not being billed using an equivalent electronic billing
format, must be billed using the uniform billing form HCFA CMS
1450, except as provided in subdivision 5.
(b) The instructions and definitions for the use of the
uniform billing form HCFA CMS 1450 shall be in accordance with
the uniform billing form manual specified by the commissioner.
In promulgating these instructions, the commissioner may utilize
the manual developed by the National Uniform Billing Committee,
as adopted and finalized by the Minnesota Uniform Billing
Committee.
(c) Services to be billed using the uniform billing form
HCFA CMS 1450 include: institutional inpatient hospital
services and distinct units in the hospital such as psychiatric
unit services, physical therapy unit services, swing bed (SNF)
services, inpatient state psychiatric hospital services,
inpatient skilled nursing facility services, home health
services (Medicare part A), and hospice services; ancillary
services, where benefits are exhausted or patient has no
Medicare part A, from hospitals, state psychiatric hospitals,
skilled nursing facilities, and home health (Medicare part B);
institutional owned or operated outpatient services such as
waivered services, hospital outpatient services, including
ambulatory surgical center services, hospital referred
laboratory services, hospital-based ambulance services, and
other hospital outpatient services, skilled nursing facilities,
home health, freestanding renal dialysis centers, comprehensive
outpatient rehabilitation facilities (CORF), outpatient
rehabilitation facilities (ORF), rural health clinics, and
community mental health centers; home health services such as
home health intravenous therapy providers, waivered services,
personal care attendants, and hospice; and any other health care
provider certified by the Medicare program to use this form.
(d) On and after January 1, 1996, a mother and newborn
child must be billed separately, and must not be combined on one
claim form.
Sec. 4. Minnesota Statutes 2004, section 62J.52,
subdivision 2, is amended to read:
Subd. 2. [UNIFORM BILLING FORM HCFA CMS 1500.] (a) On and
after January 1, 1996, all noninstitutional health care services
rendered by providers in Minnesota except dental or pharmacy
providers, that are not currently being billed using an
equivalent electronic billing format, must be billed using the
health insurance claim form HCFA CMS 1500, except as provided in
subdivision 5.
(b) The instructions and definitions for the use of the
uniform billing form HCFA CMS 1500 shall be in accordance with
the manual developed by the Administrative Uniformity Committee
entitled standards for the use of the HCFA CMS 1500 form, dated
February 1994, as further defined by the commissioner.
(c) Services to be billed using the uniform billing form
HCFA CMS 1500 include physician services and supplies, durable
medical equipment, noninstitutional ambulance services,
independent ancillary services including occupational therapy,
physical therapy, speech therapy and audiology, home infusion
therapy, podiatry services, optometry services, mental health
licensed professional services, substance abuse licensed
professional services, nursing practitioner professional
services, certified registered nurse anesthetists,
chiropractors, physician assistants, laboratories, medical
suppliers, and other health care providers such as day activity
centers and freestanding ambulatory surgical centers.
Sec. 5. Minnesota Statutes 2004, section 62J.52,
subdivision 5, is amended to read:
Subd. 5. [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a)
Skilled nursing facilities and ICF/MR services billed to state
and federal health care programs administered by the Department
of Human Services shall use the form designated by the
Department of Human Services.
(b) On and after July 1, 1996, state and federal health
care programs administered by the Department of Human Services
shall accept the HCFA CMS 1450 for community mental health
center services and shall accept the HCFA CMS 1500 for
freestanding ambulatory surgical center services.
(c) State and federal health care programs administered by
the Department of Human Services shall be authorized to use the
forms designated by the Department of Human Services for
pharmacy services.
(d) State and federal health care programs administered by
the Department of Human Services shall accept the form
designated by the Department of Human Services, and the HCFA CMS
1500 for supplies, medical supplies, or durable medical
equipment. Health care providers may choose which form to
submit.
(e) Personal care attendant and waivered services billed on
a fee-for-service basis directly to state and federal health
care programs administered by the Department of Human Services
shall use either the HCFA CMS 1450 or the HCFA CMS 1500 form, as
designated by the Department of Human Services.
Sec. 6. Minnesota Statutes 2004, section 62J.54,
subdivision 1, is amended to read:
Subdivision 1. [UNIQUE IDENTIFICATION NUMBER FOR HEALTH
CARE PROVIDER ORGANIZATIONS.] (a) Not later than 24 months after
the date on which a unique health national provider identifier
for health care providers is adopted or established made
effective under United States Code, title 42, sections 1320d to
1320d-8 (1996 and subsequent amendments), all group purchasers
and any health care providers in Minnesota provider organization
that meets the definition of a health care provider under United
States Code, title 42, sections 1320d to 1320d-8, as amended,
and regulations adopted thereunder shall use a unique
identification number national provider identifier to identify
health care provider organizations in Minnesota, according to
this section, except as provided in paragraph (b).
(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under United States Code, title 42,
section 1320d-4 (1996 and subsequent amendments), shall use a
unique identification number national provider identifier to
identify health provider organizations no later than 36 months
after the date on which a unique health national provider
identifier for health care providers is adopted or
established made effective under United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).
(c) The unique health national provider identifier for
health care providers adopted or established by the federal
Secretary of Health and Human Services under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments), shall be used as the unique identification number
for health care provider organizations in Minnesota under this
section.
(d) Provider organizations required to have a unique health
identifier are:
(1) hospitals licensed under chapter 144;
(2) nursing homes and hospices licensed under chapter 144A;
(3) subacute care facilities;
(4) individual providers organized as a clinic or group
practice;
(5) independent laboratory, pharmacy, surgery, radiology,
or outpatient facilities;
(6) ambulance services licensed under chapter 144;
(7) special transportation services certified under chapter
174; and
(8) other provider organizations as required by the federal
Secretary of Health and Human Services under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments).
(d) All health care provider organizations in Minnesota
that are eligible to obtain a national provider identifier
according to United States Code, title 42, sections 1320d to
1320d-8, as amended, and regulations adopted thereunder shall
obtain a unique health national provider identifier from the
federal Secretary of Health and Human Services using the process
prescribed by the Secretary.
(e) Only the unique health care provider organization
national provider identifier shall be used for purposes of to
identify health care provider organizations when submitting and
receiving paper and electronic claims and remittance advice
notices, and in conjunction with other data collection and
reporting functions.
(f) Health care provider organizations in Minnesota shall
make available their national provider identifier to other
health care providers when required to be included in the
administrative transactions regulated by United States Code,
title 42, sections 1320d to 1320d-8, as amended, and regulations
adopted thereunder.
(g) The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.
Sec. 7. Minnesota Statutes 2004, section 62J.54,
subdivision 2, is amended to read:
Subd. 2. [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL
HEALTH CARE PROVIDERS.] (a) Not later than 24 months after the
date on which a unique health national provider identifier for
health care providers is adopted or established made effective
under United States Code, title 42, sections 1320d to 1320d-8
(1996 and subsequent amendments), all group purchasers in
Minnesota and any individual health care providers in Minnesota
provider that meets the definition of a health care provider
under United States Code, title 42, sections 1320d to 1320d-8,
as amended, and regulations adopted thereunder shall use a
unique identification number the national provider identifier to
identify an individual health care provider in
Minnesota, according to this section, except as provided in
paragraph (b).
(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under United States Code, title 42,
section 1320d-4 (1996 and subsequent amendments), shall use a
unique identification number the national provider identifier to
identify an individual health care provider no later than 36
months after the date on which a unique health national provider
identifier for health care providers is adopted or
established made effective under United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).
(c) The unique health national provider identifier for
health care providers adopted or established by the federal
Secretary of Health and Human Services under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments), shall be used as the unique identification number
for individual health care providers.
(d) Individual providers required to have a unique health
identifier are:
(1) physicians licensed under chapter 147;
(2) dentists licensed under chapter 150A;
(3) chiropractors licensed under chapter 148;
(4) podiatrists licensed under chapter 153;
(5) physician assistants as defined under section 147A.01;
(6) advanced practice nurses as defined under section
62A.15;
(7) doctors of optometry licensed under section 148.57;
(8) pharmacists licensed under chapter 151;
(9) individual providers who may bill Medicare for medical
and other health services as defined in United States Code,
title 42, section 1395x(s);
(10) individual providers who are providers for state and
federal health care programs administered by the commissioner of
human services; and
(11) other individual providers as required by the federal
Secretary of Health and Human Services under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments).
(d) All individual health care providers in Minnesota that
are eligible to obtain a national provider identifier according
to United States Code, title 42, sections 1320d to 1320d-8, as
amended, and regulations adopted thereunder shall obtain a
unique health national provider identifier from the federal
Secretary of Health and Human Services using the process
prescribed by the Secretary.
(e) Only the unique individual health care national
provider identifier shall be used for purposes of to identify
individual health care providers when submitting and receiving
paper and electronic claims and remittance advice notices, and
in conjunction with other data collection and reporting
functions.
(f) Individual health care providers in Minnesota shall
make available their national provider identifier to other
health care providers when required to be included in the
administrative transactions regulated by United States Code,
title 42, sections 1320d to 1320d-8, as amended, and regulations
adopted thereunder.
(g) The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.
Sec. 8. Minnesota Statutes 2004, section 62J.581,
subdivision 5, is amended to read:
Subd. 5. [EFFECTIVE DATE.] The requirements in
subdivisions 1 and 2 are effective October 16, 2004 June 30,
2007. The requirements in subdivisions 1 and 2 apply regardless
of when the health care service was provided to the patient.
[EFFECTIVE DATE.] This section is effective retroactively
to October 16, 2004.
Sec. 9. Minnesota Statutes 2004, section 103I.005, is
amended by adding a subdivision to read:
Subd. 2a. [CERTIFIED REPRESENTATIVE.] "Certified
representative" means a person certified by the commissioner to
represent a well contractor, limited well/boring contractor,
monitoring well contractor, or elevator boring contractor.
Sec. 10. Minnesota Statutes 2004, section 103I.005,
subdivision 4a, is amended to read:
Subd. 4a. [DEWATERING WELL.] "Dewatering well" means a
nonpotable well used to lower groundwater levels to allow for
construction or use of underground space. A dewatering well
does not include:
(1) a well or dewatering well an excavation 25 feet or less
in depth for temporary dewatering during construction; or
(2) a well used to lower groundwater levels for control or
removal of groundwater contamination.
Sec. 11. Minnesota Statutes 2004, section 103I.005,
subdivision 6, is amended to read:
Subd. 6. [ELEVATOR SHAFT BORING.] "Elevator shaft boring"
means a bore hole, jack hole, drilled hole, or excavation
constructed to install an elevator shaft or hydraulic cylinder.
Sec. 12. Minnesota Statutes 2004, section 103I.005,
subdivision 7, is amended to read:
Subd. 7. [ELEVATOR SHAFT BORING CONTRACTOR.] "Elevator
shaft boring contractor" means a person with an elevator shaft
boring contractor's license issued by the commissioner.
Sec. 13. Minnesota Statutes 2004, section 103I.005,
subdivision 10, is amended to read:
Subd. 10. [EXPLORER.] "Explorer" means a person who has
the right to drill an exploratory boring with an explorer's
license issued by the commissioner.
Sec. 14. Minnesota Statutes 2004, section 103I.005,
subdivision 12, is amended to read:
Subd. 12. [LIMITED WELL/BORING CONTRACTOR.] "Limited
well/boring contractor" means a person with a limited
well/boring contractor's license issued by the
commissioner. Limited well/boring contractor's licenses are
issued for constructing, repairing, and sealing vertical heat
exchangers; installing, repairing, and modifying pitless units
and pitless adaptors, well casings above the pitless unit or
pitless adaptor, well screens, or well diameters; constructing,
repairing, and sealing drive point wells or dug wells;
constructing, repairing, and sealing dewatering wells; sealing
wells; and installing well pumps or pumping equipment.
Sec. 15. Minnesota Statutes 2004, section 103I.005, is
amended by adding a subdivision to read:
Subd. 20a. [WATER SUPPLY WELL.] "Water supply well" means
a well that is not a dewatering well or monitoring well and
includes wells used:
(1) for potable water supply;
(2) for irrigation;
(3) for agricultural, commercial, or industrial water
supply;
(4) for heating or cooling;
(5) as a remedial well; and
(6) for testing water yield for irrigation, commercial or
industrial uses, residential supply, or public water supply.
Sec. 16. Minnesota Statutes 2004, section 103I.101,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The commissioner shall:
(1) regulate the drilling, construction, modification,
repair, and sealing of wells and borings;
(2) examine and license well contractors,; persons
constructing, repairing, and sealing vertical heat exchangers,;
persons modifying or repairing well casings, well screens, or
well diameters; persons constructing, repairing, and sealing
unconventional wells such as drive point wells or dug wells;
persons constructing, repairing, and sealing dewatering wells;
persons sealing wells; persons installing well pumps or pumping
equipment; and persons excavating or drilling holes for the
installation of elevator shafts borings or hydraulic cylinders;
(3) register and examine monitoring well contractors;
(4) license explorers engaged in exploratory boring and
examine individuals who supervise or oversee exploratory boring;
(5) after consultation with the commissioner of natural
resources and the Pollution Control Agency, establish standards
for the design, location, construction, repair, and sealing of
wells, elevator shafts, and borings within the state; and
(6) issue permits for wells, groundwater thermal devices,
vertical heat exchangers, and excavation for holes to install
elevator shafts or hydraulic cylinders borings.
Sec. 17. Minnesota Statutes 2004, section 103I.101,
subdivision 5, is amended to read:
Subd. 5. [COMMISSIONER TO ADOPT RULES.] The commissioner
shall adopt rules including:
(1) issuance of licenses for:
(i) qualified well contractors, persons modifying or
repairing well casings, well screens, or well diameters;
(ii) persons constructing, repairing, and sealing
unconventional wells such as drive points point wells or dug
wells;
(iii) persons constructing, repairing, and sealing
dewatering wells;
(iv) persons sealing wells;
(v) persons installing well pumps or pumping equipment and
excavating holes for installing elevator shafts or hydraulic
cylinders; and
(vi) persons constructing, repairing, and sealing vertical
heat exchangers; and
(vii) persons constructing, repairing, and sealing elevator
borings;
(2) issuance of registration for monitoring well
contractors;
(3) establishment of conditions for examination and review
of applications for license and registration;
(4) establishment of conditions for revocation and
suspension of license and registration;
(5) establishment of minimum standards for design,
location, construction, repair, and sealing of wells and borings
to implement the purpose and intent of this chapter;
(6) establishment of a system for reporting on wells and
borings drilled and sealed;
(7) establishment of standards for the construction,
maintenance, sealing, and water quality monitoring of wells in
areas of known or suspected contamination;
(8) establishment of wellhead protection measures for wells
serving public water supplies;
(9) establishment of procedures to coordinate collection of
well and boring data with other state and local governmental
agencies;
(10) establishment of criteria and procedures for
submission of well and boring logs, formation samples or well or
boring cuttings, water samples, or other special information
required for and water resource mapping; and
(11) establishment of minimum standards for design,
location, construction, maintenance, repair, sealing, safety,
and resource conservation related to borings, including
exploratory borings as defined in section 103I.005, subdivision
9.
Until the commissioner adopts rules under this chapter to
replace rules relating to wells and borings that were adopted
under chapter 156A, the rules adopted under chapter 156A shall
remain in effect.
Sec. 18. Minnesota Statutes 2004, section 103I.105, is
amended to read:
103I.105 [ADVISORY COUNCIL ON WELLS AND BORINGS.]
(a) The Advisory Council on Wells and Borings is
established as an advisory council to the commissioner. The
advisory council shall consist of 18 voting members. Of the 18
voting members:
(1) one member must be from the Department of Health,
appointed by the commissioner of health;
(2) one member must be from the Department of Natural
Resources, appointed by the commissioner of natural resources;
(3) one member must be a member of the Minnesota Geological
Survey of the University of Minnesota, appointed by the
director;
(4) one member must be a responsible individual for a
licensed exploratory borer explorer;
(5) one member must be a certified representative of a
licensed elevator shaft boring contractor;
(6) two members must be members of the public who are not
connected with the business of exploratory boring or the well
drilling industry;
(7) one member must be from the Pollution Control Agency,
appointed by the commissioner of the Pollution Control Agency;
(8) one member must be from the Department of
Transportation, appointed by the commissioner of transportation;
(9) one member must be from the Board of Water and Soil
Resources appointed by its chair;
(10) one member must be a certified representative of a
monitoring well contractor;
(11) six members must be residents of this state appointed
by the commissioner, who are actively engaged in the well
drilling industry certified representatives of licensed well
contractors, with not more than two from the seven-county
metropolitan area and at least four from other areas of the
state who represent different geographical regions; and
(12) one member must be a certified representative of a
licensed vertical heat exchanger contractor or be certified by
the International Ground Source Heat Pump Association and
appointed by the commissioner.
(b) An appointee of the well drilling industry may not
serve more than two consecutive terms.
(c) The appointees to the advisory council from the well
drilling industry must:
(1) have been residents of this state for at least three
years before appointment; and
(2) have at least five years' experience in the well
drilling business.
(d) The terms of the appointed members and the compensation
and removal of all members are governed by section 15.059,
except section 15.059, subdivision 5, relating to expiration of
the advisory council does not apply.
Sec. 19. Minnesota Statutes 2004, section 103I.111,
subdivision 1, is amended to read:
Subdivision 1. [DELEGATION OF DUTIES OF COMMISSIONER.] (a)
The commissioner of health may enter into an agreement with a
board of health to delegate all or part of the inspection,
reporting, and enforcement duties authorized under provisions of
this chapter pertaining to permitting, construction, repair, and
sealing of wells and elevator shafts borings.
(b) A board of health may delegate its powers and duties to
other boards of health within its jurisdiction. An agreement to
delegate powers and duties of a board of health must be approved
by the commissioner and is subject to subdivision 3.
Sec. 20. Minnesota Statutes 2004, section 103I.111,
subdivision 3, is amended to read:
Subd. 3. [PREEMPTION UNLESS DELEGATION.] Notwithstanding
any other law, a political subdivision may not regulate the
construction, repair, or sealing of wells or elevator
shafts borings unless the commissioner delegates authority under
subdivisions 1 and 2.
Sec. 21. Minnesota Statutes 2004, section 103I.115, is
amended to read:
103I.115 [COMPLIANCE WITH THIS CHAPTER REQUIRED.]
(a) Except as provided in paragraph (b), A person may not
construct, repair, or seal a well or boring, except as provided
under the provisions of this chapter.
(b) Until June 30, 1994, this chapter does not apply to
dewatering wells 45 feet or less in depth.
Sec. 22. Minnesota Statutes 2004, section 103I.205,
subdivision 4, is amended to read:
Subd. 4. [LICENSE REQUIRED.] (a) Except as provided in
paragraph (b), (c), or (d), or (e), section 103I.401,
subdivision 2, or section 103I.601, subdivision 2, a person may
not drill, construct, repair, or seal a well or boring unless
the person has a well contractor's license in possession.
(b) A person may construct, repair, and seal a monitoring
well if the person:
(1) is a professional engineer registered licensed under
sections 326.02 to 326.15 in the branches of civil or geological
engineering;
(2) is a hydrologist or hydrogeologist certified by the
American Institute of Hydrology;
(3) is a professional engineer registered with the Board of
Architecture, Engineering, Land Surveying, Landscape
Architecture, and Interior Design geoscientist licensed under
sections 326.02 to 326.15;
(4) is a geologist certified by the American Institute of
Professional Geologists; or
(5) meets the qualifications established by the
commissioner in rule.
A person must register with the commissioner as a
monitoring well contractor on forms provided by the commissioner.
(c) A person may do the following work with a limited
well/boring contractor's license in possession. A separate
license is required for each of the six activities:
(1) installing or repairing well screens or pitless units
or pitless adaptors and well casings from the pitless adaptor or
pitless unit to the upper termination of the well casing;
(2) constructing, repairing, and sealing drive point wells
or dug wells;
(3) installing well pumps or pumping equipment;
(4) sealing wells;
(5) constructing, repairing, or sealing dewatering wells;
or
(6) constructing, repairing, or sealing vertical heat
exchangers.
(d) A person may construct, repair, and seal an elevator
boring with an elevator boring contractor's license.
(d) (e) Notwithstanding other provisions of this chapter
requiring a license or registration, a license or registration
is not required for a person who complies with the other
provisions of this chapter if the person is:
(1) an individual who constructs a well on land that is
owned or leased by the individual and is used by the individual
for farming or agricultural purposes or as the individual's
place of abode; or
(2) an individual who performs labor or services for a
contractor licensed or registered under the provisions of this
chapter in connection with the construction, sealing, or repair
of a well or boring at the direction and under the personal
supervision of a contractor licensed or registered under the
provisions of this chapter.
Sec. 23. Minnesota Statutes 2004, section 103I.205,
subdivision 9, is amended to read:
Subd. 9. [REPORT OF WORK.] Within 30 days after completion
or sealing of a well or boring, the person doing the work must
submit a verified report to the commissioner containing the
information specified by rules adopted under this chapter.
Within 30 days after receiving the report, the commissioner
shall send or otherwise provide access to a copy of the report
to the commissioner of natural resources, to the local soil and
water conservation district where the well is located, and to
the director of the Minnesota Geological Survey.
Sec. 24. Minnesota Statutes 2004, section 103I.208,
subdivision 1, is amended to read:
Subdivision 1. [WELL NOTIFICATION FEE.] The well
notification fee to be paid by a property owner is:
(1) for a new water supply well, $150, which includes the
state core function fee;
(2) for a well sealing, $30 for each well, which includes
the state core function fee, except that for monitoring wells
constructed on a single property, having depths within a 25 foot
range, and sealed within 48 hours of start of construction, a
single fee of $30; and
(3) for construction of a dewatering well, $150, which
includes the state core function fee, for each dewatering well
except a dewatering project comprising five or more dewatering
wells shall be assessed a single fee of $750 for the dewatering
wells recorded on the notification.
Sec. 25. Minnesota Statutes 2004, section 103I.208,
subdivision 2, is amended to read:
Subd. 2. [PERMIT FEE.] The permit fee to be paid by a
property owner is:
(1) for a water supply well that is not in use under a
maintenance permit, $125 annually;
(2) for construction of a monitoring well, $150, which
includes the state core function fee;
(3) for a monitoring well that is unsealed under a
maintenance permit, $125 annually;
(4) for monitoring wells used as a leak detection device at
a single motor fuel retail outlet, a single petroleum bulk
storage site excluding tank farms, or a single agricultural
chemical facility site, the construction permit fee is $150,
which includes the state core function fee, per site regardless
of the number of wells constructed on the site, and the annual
fee for a maintenance permit for unsealed monitoring wells is
$125 per site regardless of the number of monitoring wells
located on site;
(5) for a groundwater thermal exchange device, in addition
to the notification fee for water supply wells, $150, which
includes the state core function fee;
(6) for a vertical heat exchanger, $150;
(7) for a dewatering well that is unsealed under a
maintenance permit, $125 annually for each dewatering well,
except a dewatering project comprising more than five dewatering
wells shall be issued a single permit for $625 annually
for dewatering wells recorded on the permit; and
(8) for excavating holes for the purpose of installing an
elevator shafts boring, $150 for each hole boring.
Sec. 26. Minnesota Statutes 2004, section 103I.231, is
amended to read:
103I.231 [COMMISSIONER MAY ORDER REPAIRS.]
(a) The commissioner may order a property owner to take
remedial measures, including making repairs, reconstructing, or
sealing a well or boring according to provisions of this
chapter. The order may be issued if the commissioner
determines, based on inspection of the water or the well or
boring site or an analysis of water from the well or boring,
that the well or boring:
(1) is contaminated or may contribute to the spread of
contamination;
(2) is required to be sealed under this chapter and has not
been sealed according to provisions of this chapter;
(3) is in a state of disrepair so that its continued
existence endangers the quality of the groundwater;
(4) is a health or safety hazard; or
(5) is located in a place or constructed in a manner that
its continued use or existence endangers the quality of the
groundwater.
(b) The order of the commissioner may be enforced in an
action to seek compliance brought by the commissioner in the
district court of the county where the well or boring is located.
Sec. 27. Minnesota Statutes 2004, section 103I.325,
subdivision 2, is amended to read:
Subd. 2. [LIABILITY AFTER SEALING.] The owner of a well or
boring is not liable for contamination of groundwater from the
well or boring that occurs after the well or boring has been
sealed by a licensed contractor in compliance with this chapter
if a report of sealing has been filed with the commissioner of
health by the contractor who performed the work, and if the
owner has not disturbed or disrupted the sealed well or boring.
Sec. 28. Minnesota Statutes 2004, section 103I.345,
subdivision 2, is amended to read:
Subd. 2. [EXPENDITURES.] (a) Subject to appropriation by
law, money in the account established under subdivision 1 may be
used by the commissioner for sealing wells and borings.
(b) In spending money under this subdivision, the
commissioner shall give priority to the sealing by July 1, 1997,
of all multiaquifer wells and borings entering the Mt.
Simon-Hinckley aquifer that the commissioner has authority to
seal under section 103I.315, subdivision 2.
Sec. 29. Minnesota Statutes 2004, section 103I.401, is
amended to read:
103I.401 [ELEVATOR SHAFT BORINGS.]
Subdivision 1. [PERMIT REQUIRED.] (a) A person may not
construct an elevator shaft boring until a permit for the hole
or excavation is issued by the commissioner.
(b) The elevator shaft boring permit preempts local permits
except local building permits, and counties and home rule
charter or statutory cities may not require a permit for
elevator shaft holes or excavations borings.
Subd. 2. [LICENSE REQUIRED.] A person may not construct an
elevator shaft boring unless the person possesses a well
contractor's license or an elevator shaft boring contractor's
license issued by the commissioner.
Subd. 3. [SEALING.] A well contractor or elevator shaft
boring contractor must seal a hole or excavation that is no
longer used for an elevator shaft boring. The sealing must be
done according to rules adopted by the commissioner.
Subd. 4. [REPORT.] Within 30 days after completion or
sealing of a hole or excavation for an elevator shaft boring,
the person doing the work must submit a report to the
commissioner on forms provided by the commissioner.
Sec. 30. Minnesota Statutes 2004, section 103I.501, is
amended to read:
103I.501 [LICENSING AND REGULATION OF WELLS AND BORINGS.]
(a) The commissioner shall regulate and license:
(1) drilling, constructing, and repair of wells;
(2) sealing of wells;
(3) installing of well pumps and pumping equipment;
(4) excavating, drilling, repairing, and sealing of holes
for the installation of elevator shafts and hydraulic cylinders
borings;
(5) construction, repair, and sealing of environmental bore
holes; and
(6) construction, repair, and sealing of vertical heat
exchangers.
(b) The commissioner shall examine and license well
contractors, limited well/boring contractors, and elevator shaft
boring contractors, and examine and register monitoring well
contractors.
(c) The commissioner shall license explorers engaged in
exploratory boring and shall examine persons who supervise or
oversee exploratory boring.
Sec. 31. Minnesota Statutes 2004, section 103I.505, is
amended to read:
103I.505 [RECIPROCITY OF LICENSES AND REGISTRATIONS.]
Subdivision 1. [RECIPROCITY AUTHORIZED.] The commissioner
may issue a license or register a person under this chapter,
without giving an examination, if the person is licensed or
registered in another state and:
(1) the requirements for licensing or registration under
which the well or boring contractor was licensed or registered
do not conflict with this chapter;
(2) the requirements are of a standard not lower than that
specified by the rules adopted under this chapter; and
(3) equal reciprocal privileges are granted to licensees or
registrants of this state.
Subd. 2. [LICENSE FEE REQUIRED.] A well or boring
contractor must apply for the license or registration and pay
the fees under the provisions of this chapter to receive a
license or registration under this section.
Sec. 32. Minnesota Statutes 2004, section 103I.525,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION APPLICATION.] (a) A person
must file an application and application fee with the
commissioner to apply for represent a well contractor's license
contractor.
(b) The application must state the applicant's
qualifications for the license, the equipment the applicant will
use in the contracting certification as a representative, and
other information required by the commissioner. The application
must be on forms prescribed by the commissioner.
(c) A person may apply as an individual if the person:
(1) is not the licensed well contractor representing a
firm, sole proprietorship, partnership, association,
corporation, or other entity including the United States
government, any interstate body, the state, and an agency,
department, or political subdivision of the state; and
(2) meets the well contractor certification and license
requirements under provisions of this chapter.
Sec. 33. Minnesota Statutes 2004, section 103I.525,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATION APPLICATION FEE.] The application
fee for certification as a well contractor's
license representative of a well contractor is $75. The
commissioner may not act on an application until the application
fee is paid.
Sec. 34. Minnesota Statutes 2004, section 103I.525, is
amended by adding a subdivision to read:
Subd. 3a. [ISSUANCE OF CERTIFICATION.] If an applicant
meets the experience requirements established by rule and passes
the examination as determined by the commissioner, the
commissioner shall issue the applicant a certification to
represent a well contractor.
Sec. 35. Minnesota Statutes 2004, section 103I.525,
subdivision 4, is amended to read:
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant meets the
experience requirements established by rule, passes the
examination as determined by the commissioner a person employs a
certified representative, submits the bond under subdivision 5,
and pays the license fee under subdivision 6, the commissioner
shall issue a well contractor's license.
Sec. 36. Minnesota Statutes 2004, section 103I.525,
subdivision 5, is amended to read:
Subd. 5. [BOND.] (a) As a condition of being issued a well
contractor's license, the applicant, except a person applying
for an individual well contractor's license, must submit a
corporate surety bond for $10,000 approved by the commissioner.
The bond must be conditioned to pay the state on unlawful
performance of work regulated by in this state that is not in
compliance with this chapter in this state or rules adopted
under this chapter. The bond is in lieu of other license bonds
required by a political subdivision of the state.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties
in compliance with this chapter or rules adopted under this
chapter.
Sec. 37. Minnesota Statutes 2004, section 103I.525,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A licensee must file an
application and a renewal application fee to renew the license
by the date stated in the license.
(b) The renewal application fee for a well contractor's
license is $250, except the fee for an individual well
contractor's license is $75.
(c) The renewal application must include information that
the certified representative of the applicant has met continuing
education requirements established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all properly completed well and boring construction
reports, well and boring sealing reports, reports of excavations
to construct elevator shafts borings, water sample analysis
reports, well and boring permits, and well notifications for
work conducted by the licensee since the last license renewal.
Sec. 38. Minnesota Statutes 2004, section 103I.531,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION APPLICATION.] (a) A person
must file an application and an application fee with the
commissioner to apply for represent a limited well/boring
contractor's license contractor.
(b) The application must state the applicant's
qualifications for the license, the equipment the applicant will
use in the contracting certification, and other information
required by the commissioner. The application must be on forms
prescribed by the commissioner.
Sec. 39. Minnesota Statutes 2004, section 103I.531,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATION APPLICATION FEE.] The application
fee for certification as a representative of a limited
well/boring contractor's license contractor is $75. The
commissioner may not act on an application until the application
fee is paid.
Sec. 40. Minnesota Statutes 2004, section 103I.531, is
amended by adding a subdivision to read:
Subd. 3a. [ISSUANCE OF CERTIFICATION.] If an applicant
meets the experience requirements established by rule and passes
the examination as determined by the commissioner, the
commissioner shall issue the applicant a certification to
represent a limited well/boring contractor.
Sec. 41. Minnesota Statutes 2004, section 103I.531,
subdivision 4, is amended to read:
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant meets the
experience requirements established in rule, passes the
examination as determined by the commissioner a person employs a
certified representative, submits the bond under subdivision 5,
and pays the license fee under subdivision 6, the commissioner
shall issue a limited well/boring contractor's license. If the
other conditions of this section are satisfied, the commissioner
may not withhold issuance of a dewatering limited license based
on the applicant's lack of prior experience under a licensed
well contractor.
Sec. 42. Minnesota Statutes 2004, section 103I.531,
subdivision 5, is amended to read:
Subd. 5. [BOND.] (a) As a condition of being issued a
limited well/boring contractor's license for constructing,
repairing, and sealing drive point wells or dug wells, sealing
wells or borings, constructing, repairing, and sealing
dewatering wells, or constructing, repairing, and sealing
vertical heat exchangers, the applicant must submit a corporate
surety bond for $10,000 approved by the commissioner. As a
condition of being issued a limited well/boring contractor's
license for installing or repairing well screens or pitless
units or pitless adaptors and well casings from the pitless
adaptor or pitless unit to the upper termination of the well
casing, or installing well pumps or pumping equipment, the
applicant must submit a corporate surety bond for $2,000
approved by the commissioner. The bonds required in this
paragraph must be conditioned to pay the state on unlawful
performance of work regulated by in this state that is not in
compliance with this chapter in this state or rules adopted
under this chapter. The bonds are in lieu of other license
bonds required by a political subdivision of the state.
(b) From proceeds of a bond required in paragraph (a), the
commissioner may compensate persons injured or suffering
financial loss because of a failure of the applicant to properly
perform work or duties in compliance with this chapter or rules
adopted under this chapter.
Sec. 43. Minnesota Statutes 2004, section 103I.531,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the limited well/boring
contractor's license by the date stated in the license.
(b) The renewal application fee for a limited well/boring
contractor's license is $75.
(c) The renewal application must include information that
the certified representative of the applicant has met continuing
education requirements established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all properly completed well and boring construction
reports, well and boring sealing reports, well and boring
permits, vertical heat exchanger permits, water quality sample
reports, and well notifications for work conducted by the
licensee since the last license renewal.
Sec. 44. Minnesota Statutes 2004, section 103I.535,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION APPLICATION.] (a) An
individual must file an application and application fee with the
commissioner to apply for represent an elevator shaft
contractor's license boring contractor.
(b) The application must state the applicant's
qualifications for the license, the equipment the applicant will
use in the contracting certification, and other information
required by the commissioner. The application must be on forms
prescribed by the commissioner.
Sec. 45. Minnesota Statutes 2004, section 103I.535,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATION APPLICATION FEE.] The application
fee for certification as a representative of an elevator shaft
contractor's license boring contractor is $75. The commissioner
may not act on an application until the application fee is paid.
Sec. 46. Minnesota Statutes 2004, section 103I.535, is
amended by adding a subdivision to read:
Subd. 3a. [ISSUANCE OF CERTIFICATION.] If the applicant
meets the experience requirements established by rule and passes
the examination as determined by the commissioner, the
commissioner shall issue the applicant a certification to
represent an elevator boring contractor.
Sec. 47. Minnesota Statutes 2004, section 103I.535,
subdivision 4, is amended to read:
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant passes the
examination as determined by the commissioner a person employs a
certified representative, submits the bond under subdivision 5,
and pays the license fee under subdivision 6, the commissioner
shall issue an elevator shaft boring contractor's license to the
applicant.
Sec. 48. Minnesota Statutes 2004, section 103I.535,
subdivision 5, is amended to read:
Subd. 5. [BOND.] (a) As a condition of being issued an
elevator shaft boring contractor's license, the applicant must
submit a corporate surety bond for $10,000 approved by the
commissioner. The bond must be conditioned to pay the state on
unlawful performance of work regulated by in this state that is
not in compliance with this chapter in this state or rules
adopted under this chapter.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties
in compliance with this chapter or rules adopted under this
chapter.
Sec. 49. Minnesota Statutes 2004, section 103I.535,
subdivision 7, is amended to read:
Subd. 7. [VALIDITY.] An elevator shaft boring contractor's
license is valid until the date prescribed in the license by the
commissioner.
Sec. 50. Minnesota Statutes 2004, section 103I.535,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the license by the date
stated in the license.
(b) The renewal application fee for an elevator shaft
boring contractor's license is $75.
(c) The renewal application must include information that
the certified representative of the applicant has met continuing
education requirements established by the commissioner by rule.
(d) At the time of renewal, the commissioner must have on
file all reports and permits for elevator shaft boring work
conducted by the licensee since the last license renewal.
Sec. 51. Minnesota Statutes 2004, section 103I.535,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
to submit all information required for renewal in subdivision 8
or submits the application and information after the required
renewal date:
(1) the licensee must include a late fee of $75; and
(2) the licensee may not conduct activities authorized by
the elevator shaft boring contractor's license until the renewal
application, renewal application fee, and late fee, and all
other information required in subdivision 8 are submitted.
Sec. 52. Minnesota Statutes 2004, section 103I.541, is
amended to read:
103I.541 [MONITORING WELL CONTRACTORS CONTRACTOR'S
REGISTRATION; REPRESENTATIVE'S CERTIFICATION.]
Subdivision 1. [INITIAL REGISTRATION AFTER JULY 1, 1990.]
After July 1, 1990, A person seeking initial registration as a
monitoring well contractor must meet examination and experience
requirements adopted by the commissioner by rule.
Subd. 2. [VALIDITY.] A monitoring well contractor's
registration is valid until the date prescribed in the
registration by the commissioner.
Subd. 2a. [CERTIFICATION APPLICATION.] (a) An individual
must submit an application and application fee to the
commissioner to apply for certification as a representative of a
monitoring well contractor registration.
(b) The application must be on forms prescribed by the
commissioner. The application must state the applicant's
qualifications for the registration certification, the equipment
the applicant will use in the contracting, and other information
required by the commissioner.
Subd. 2b. [APPLICATION FEE ISSUANCE OF REGISTRATION.] The
application If a person employs a certified representative,
submits the bond under subdivision 3, and pays the registration
fee of $75 for a monitoring well contractor registration is $75,
the commissioner shall issue a monitoring well contractor
registration to the applicant. The fee for an individual
registration is $75. The commissioner may not act on an
application until the application fee is paid.
Subd. 2c. [CERTIFICATION APPLICATION FEE.] The application
fee for certification as a representative of a monitoring well
contractor is $75. The commissioner may not act on an
application until the application fee is paid.
Subd. 2d. [EXAMINATION.] After the commissioner has
approved an application, the applicant must take an examination
given by the commissioner.
Subd. 2e. [ISSUANCE OF CERTIFICATION.] If the applicant
meets the experience requirements established by rule and passes
the examination as determined by the commissioner, the
commissioner shall issue the applicant a certification to
represent a monitoring well contractor.
Subd. 3. [BOND.] (a) As a condition of being issued a
monitoring well contractor's registration, the applicant must
submit a corporate surety bond for $10,000 approved by the
commissioner. The bond must be conditioned to pay the state on
unlawful performance of work regulated by in this state that is
not in compliance with this chapter in this state or rules
adopted under this chapter. The bond is in lieu of other
license bonds required by a political subdivision of the state.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties
in compliance with this chapter or rules adopted under this
chapter.
Subd. 4. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the registration by the
date stated in the registration.
(b) The renewal application fee for a monitoring well
contractor's registration is $75.
(c) The renewal application must include information that
the certified representative of the applicant has met continuing
education requirements established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all well and boring construction reports, well and
boring sealing reports, well permits, and notifications for work
conducted by the registered person since the last registration
renewal.
Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered
person submits a renewal application after the required renewal
date:
(1) the registered person must include a late fee of $75;
and
(2) the registered person may not conduct activities
authorized by the monitoring well contractor's registration
until the renewal application, renewal application fee, late
fee, and all other information required in subdivision 4 are
submitted.
Sec. 53. Minnesota Statutes 2004, section 103I.545,
subdivision 2, is amended to read:
Subd. 2. [PUMP HOIST.] (a) A person may not use a machine
such as a pump hoist for an activity requiring a license or
registration under this chapter to repair wells or borings, seal
wells or borings, or install pumps unless the machine is
registered with the commissioner.
(b) A person must apply for the registration on forms
prescribed by the commissioner and submit a $75 registration fee.
(c) A registration is valid for one year.
Sec. 54. Minnesota Statutes 2004, section 103I.601,
subdivision 4, is amended to read:
Subd. 4. [MAP OF BORINGS.] By ten days before beginning
exploratory boring, an explorer must submit to the commissioners
of health and natural resources a county road map having a scale
of one-half inch equal to one mile, as prepared by the
Department of Transportation, or a 7.5 minute series topographic
map (1:24,000 scale), as prepared by the United States
Geological Survey, showing the location of each proposed
exploratory boring to the nearest estimated 40 acre parcel.
Exploratory boring that is proposed on the map may not be
commenced later than 180 days after submission of the map,
unless a new map is submitted.
Sec. 55. Minnesota Statutes 2004, section 103I.601,
subdivision 9, is amended to read:
Subd. 9. [SEALING REPORT.] (a) By 30 days after permanent
or temporary sealing of an exploratory boring, the explorer must
submit a report to the commissioners of health and natural
resources.
(b) The report must be on forms provided by the
commissioner of health and include:
(1) the location of each drill hole in as large a scale as
possible, which is normally prepared as part of the explorer's
record;
(2) the type and thickness of overburden and rock
encountered;
(3) identification of water bearing formations encountered;
(4) identification of hydrologic conditions encountered;
(5) method of sealing used;
(6) methods of construction and drilling used; and
(7) average scintillometer reading of waste drill
cuttings from uranium or other radioactive mineral exploratory
borings before backfilling of the recirculation pits.
Sec. 56. Minnesota Statutes 2004, section 144.221,
subdivision 1, is amended to read:
Subdivision 1. [WHEN AND WHERE TO FILE.] A death record
for each death which occurs in the state shall be filed with the
state registrar or local registrar or with a mortician
designated pursuant to section 144.214, subdivision 4, within
five days after death and prior to final disposition.
Sec. 57. Minnesota Statutes 2004, section 144.225,
subdivision 7, is amended to read:
Subd. 7. [CERTIFIED BIRTH OR DEATH RECORD.] (a) The state
or local registrar shall issue a certified birth or death record
or a statement of no vital record found to an individual upon
the individual's proper completion of an attestation provided by
the commissioner:
(1) to a person who has a tangible interest in the
requested vital record. A person who has a tangible interest is:
(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) the party responsible for filing the vital record;
(vii) the legal custodian or guardian or conservator of the
subject;
(viii) a personal representative, by sworn affidavit of the
fact that the certified copy is required for administration of
the estate;
(ix) a successor of the subject, as defined in section
524.1-201, if the subject is deceased, by sworn affidavit of the
fact that the certified copy is required for administration of
the estate;
(x) if the requested record is a death record, a trustee of
a trust by sworn affidavit of the fact that the certified copy
is needed for the proper administration of the trust;
(xi) a person or entity who demonstrates that a certified
vital record is necessary for the determination or protection of
a personal or property right, pursuant to rules adopted by the
commissioner; or
(xii) adoption agencies in order to complete confidential
postadoption searches as required by section 259.83;
(2) to any local, state, or federal governmental agency
upon request if the certified vital record is necessary for the
governmental agency to perform its authorized duties. An
authorized governmental agency includes the Department of Human
Services, the Department of Revenue, and the United States
Immigration and Naturalization Service;
(3) to an attorney upon evidence of the attorney's license;
(4) pursuant to a court order issued by a court of
competent jurisdiction. For purposes of this section, a
subpoena does not constitute a court order; or
(5) to a representative authorized by a person under
clauses (1) to (4).
(b) The state or local registrar shall also issue a
certified death record to an individual described in paragraph
(a), clause (1), items (ii) to (vii), if, on behalf of the
individual, a licensed mortician designated to receive death
records under section 144.214, subdivision 4, furnishes the
registrar with a properly completed attestation in the form
provided by the commissioner within 180 days of the time of
death of the subject of the death record. This paragraph is not
subject to the requirements specified in Minnesota Rules, part
4601.2600, subpart 5, item B.
Sec. 58. Minnesota Statutes 2004, section 149A.93,
subdivision 1, is amended to read:
Subdivision 1. [PERMITS REQUIRED.] After removal from the
place of death to any location where the body is held awaiting
final disposition, further transportation of the body shall
require a disposition or transit permit issued by the local
registrar of the place of death, a subregistrar as defined by
Minnesota Rules, part 4600.0100, subpart 5, or, if necessary to
avoid delay, the commissioner a licensed mortician. Permits
shall contain the information required on the permit form as
furnished by the commissioner and shall be signed by the local
registrar or subregistrar and the person in legal custody of the
body, and, where appropriate, the mortician, intern, or
practicum student who embalmed the body, the person in charge of
the conveyance in which the body will be moved, or the person in
charge of the place of final disposition. Where a funeral
establishment name is used in signing a permit, it must be
supported by the personal signature of a licensee employed by
the funeral establishment.
Sec. 59. Minnesota Statutes 2004, section 149A.93,
subdivision 2, is amended to read:
Subd. 2. [TRANSIT PERMIT.] A transit permit shall be is
required when a body is to be:
(1) moved within a registration district and legal and
physical custody of the body is transferred;
(2) removed from a registration district;
(3) removed from the county where the death occurred;
(4) a body is transported by public transportation; or
(5) (3) a body is removed from the state.
Sec. 60. Minnesota Statutes 2004, section 149A.93,
subdivision 3, is amended to read:
Subd. 3. [DISPOSITION PERMIT.] A disposition permit shall
be is required before a body can be buried, entombed, or
cremated, or when a body will be retained for more than five
calendar days. No disposition permit shall be issued until a
fact of death record has been completed or the issuing authority
receives firm assurances that the death record will be completed
within a reasonable amount of time not to exceed seven calendar
days from the issuance of the permit.
Sec. 61. Minnesota Statutes 2004, section 149A.93,
subdivision 4, is amended to read:
Subd. 4. [POSSESSION OF PERMIT.] Until the body is
delivered for final disposition, the disposition permit shall be
in possession of the person in physical or legal custody of the
body, or attached to the transportation container which holds
the body. At the place of final disposition, legal custody of
the body shall pass with the filing of the disposition permit
with the person in charge of that place, the health board
authorized under section 145A.04, where local disposition
permits are required, or the commissioner where there is no
legal entity in charge of the place of final disposition.
Sec. 62. Minnesota Statutes 2004, section 149A.93,
subdivision 5, is amended to read:
Subd. 5. [DEATH OUTSIDE STATE; DISPOSITION PERMIT.] When a
death occurs outside of the state and the body travels into or
through this state, the body must be accompanied by a permit for
burial, removal, or other disposition issued in accordance with
the laws and rules of the state where the death occurred. The
properly issued permit from the state where the death occurred
shall authorize the transportation of the body into or through
this state, but before final disposition in this state, a
separate Minnesota disposition permit must be issued and filed,
together with the foreign permit, according to subdivision 4.
Sec. 63. Minnesota Statutes 2004, section 149A.94,
subdivision 3, is amended to read:
Subd. 3. [PERMIT REQUIRED.] No dead human body shall be
buried, entombed, or cremated without the filing of a properly
issued disposition permit. The disposition permit must be filed
with the person in charge of the place of final disposition.
Where a dead human body will be transported out of this state
for final disposition, the body must be accompanied by
a properly issued disposition transit permit.
Sec. 64. Minnesota Statutes 2004, section 149A.96,
subdivision 1, is amended to read:
Subdivision 1. [WRITTEN AUTHORIZATION.] Except as provided
in this section, no dead human body or human remains shall be
disinterred and reinterred without the written authorization of
the person or persons legally entitled to control the body or
remains and a disinterment-transit-reinterment permit properly
issued by the local state registrar or subregistrar a licensed
mortician. Permits shall contain the information required on
the permit form as furnished by the commissioner and shall be
signed by the local registrar or subregistrar and the person in
legal custody of the body, and, where appropriate, the
mortician, intern, or practicum student who embalmed the body,
the person in charge of the conveyance in which the body will be
moved, or the person in charge of the place of final
disposition. Where a funeral establishment name is used in
signing a permit, it must be supported by the personal signature
of a licensee employed by the funeral establishment.
Sec. 65. Minnesota Statutes 2004, section 149A.96,
subdivision 4, is amended to read:
Subd. 4. [DISINTERMENT PROCEDURE; REMOVAL FROM DEDICATED
CEMETERY OPPOSED.] No dead human body or human remains shall be
disinterred and removed from a dedicated cemetery for
reinterment elsewhere without a written and notarized
authorization from the person or persons with the legal right to
control the disposition and a disinterment-transit-reinterment
permit issued by the local registrar or subregistrar. The
person or persons requesting the disinterment and reinterment
must obtain a copy of the death record showing the manner and
location of final disposition. The copy of the death record
along with written and notarized authorization to disinter and
reinter obtained from the person or persons with legal right to
control the body as expressed in section 149A.80, and a written
and notarized statement of the reasons for requesting
disinterment, the manner in which the body or remains will be
disinterred and transported, the location of reinterment, and
whether there are any known parties who oppose the disinterment
shall be submitted to the registrar or a subregistrar in the
registration district or county where the body or remains are
interred. If the request for disinterment is unopposed, the
registrar or subregistrar shall issue a
disinterment-transit-reinterment permit. If the disinterment is
opposed, no disinterment-reinterment permit shall issue be
issued until the state registrar or subregistrar licensed
mortician receives a certified copy of a court order showing
reasonable cause to disinter that specifically orders the
disinterment and reinterment.
Sec. 66. Minnesota Statutes 2004, section 149A.96,
subdivision 7, is amended to read:
Subd. 7. [FILING OF DOCUMENTATION OF DISINTERMENT AND
REINTERMENT.] The cemetery where the body or remains were
originally interred shall retain a copy of the
disinterment-transit-reinterment permit, the authorization to
disinter, the death record, and, if applicable, the court order
showing reasonable cause to disinter. Until the body or remains
are reinterred the original permit and other documentation shall
be in the possession of the person in physical or legal custody
of the body or remains, or attached to the transportation
container which holds the body or remains. At the time of
reinterment, the permit and other documentation shall be filed
according to the laws, rules, or regulations of the state or
country where reinterment occurs. Where the body or remains are
to be removed from a dedicated cemetery for reinterment
elsewhere, the authority issuing the
disinterment-transit-reinterment permit shall forward a
photocopy of the issued permit to the commissioner to be filed
with the original death record. If the death occurred in
Minnesota, the state registrar or a licensed mortician shall
inform the person requesting the disinterment and reinterment of
the right to request an amendment to the death record according
to Minnesota Rules, chapter 4601.
Sec. 67. Laws 1998, chapter 316, section 4, is amended to
read:
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective 24 months after the date on
which a unique health national provider identifier is adopted or
established made effective under United States Code, title 42,
sections 1320d to 1320d-8 (1996 and subsequent amendments).
Sec. 68. [REPEALER.]
Minnesota Statutes 2004, sections 103I.005, subdivision 13;
103I.222; and 144.214, subdivision 4, are repealed.
Presented to the governor May 24, 2005
Signed by the governor May 26, 2005, 9:25 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes