Possible Rules Governing Disposition of the Dead, Natural Organic Reduction, and Transfer Care Specialists; Minnesota Rules, Chapter 4610, Revisor’s ID Number R-4882. 

Subject of Rules. The Minnesota Department of Health requests comments on its possible rules governing the disposition of the dead, transfer care specialists, and natural organic reduction. The Department is considering rules that give greater technical guidance for licensed morticians who are interested in creating a natural organic reduction facility to offer natural organic reduction as a service, and details for licensed morticians and family members about how reduced remains can be distributed after the natural organic reduction process. The Department is also considering rules around the registration requirements of transfer care specialists. Finally, the Department is considering minor rules around technical guidance for funeral homes and cremation facilities, as well as licensing. 

Persons Affected. The rules would likely affect all licensed morticians, all current and prospective transfer care specialists, interested parties who are interested in offering natural organic reduction as a final disposition of the dead, and prospective consumers and family members, including those who are interested in natural organic reduction. 

Statutory Authority. Minnesota Statutes, section 149A.03 authorizes the Department to adopt rules related to the disposition of dead bodies, transfer care specialists, and natural organic reduction. 

Public Comment. Interested persons or groups may submit comments or information on these possible rules in writing until 4:30 p.m. on October 28, 2024. The Department will not publish a notice of intent to adopt the rules until more than 60 days have elapsed from the date of this request for comments. The Department does not plan to appoint an advisory committee to comment on the possible rules. 

The Health Department is also interested in whether local governments might be required to adopt or amend an ordinance or other regulation to implement these rules and therefore requests that local governments provide us with relevant information about their ordinances.

Rules Drafts. The Department does not anticipate that a draft of the rules will be available before the publication of the proposed rules.

Agency Contact Person. Written comments, questions, requests to receive a draft of the rules, and requests for more information on these possible rules should be directed to the comment portal at the Office of Administrative Hearings Rulemaking eComments website at https://minnesotaoah.granicusideas.com/discussions/r-4882-minnesota-department-of-health-request-for-comments.

For questions related to this rulemaking project, you may contact Celeste Marin at celeste.marin@state.mn.us or 651-201-4849.

Alternative Format. Upon request, this information can be made available in an alternative format, such as large print, braille, or audio. To make such a request, please contact the agency contact person at the address or telephone number listed above.

NOTE: Comments received in response to this notice will not necessarily be included in the formal rulemaking record submitted to the administrative law judge if and when a proceeding to adopt rules is started. The agency is required to submit to the judge only those written comments received in response to the rules after they are proposed. If you submitted comments during the development of the rules and you want to ensure that the Administrative Law Judge reviews the comments, you should resubmit the comments after the rules are formally proposed.

Wendy Underwood, Deputy Commissioner 

Department of Health