Bill Text: MI SB0444 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Cemeteries and funerals: other; ownership of a crematory by an owner of a funeral establishment; allow. Amends secs. 1801, 1806a & 1810 of 1980 PA 299 (MCL 339.1801 et seq.) & adds sec. 1809c. TIE BAR WITH: SB 0445'23, SB 0446'23
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced) 2023-06-28 - Referred To Committee On Regulatory Affairs [SB0444 Detail]
Download: Michigan-2023-SB0444-Introduced.html
SENATE BILL NO. 444
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1801, 1806a, and 1810 (MCL 339.1801, 339.1806a, and 339.1810), sections 1801 and 1810 as amended by 2020 PA 265 and section 1806a as added by 2013 PA 77, and by adding section 1809c.
the people of the state of michigan enact:
Sec. 1801. As used in this article:
(a) "Business entity" means a person described in section 105(5)(b) or (c), except a sole proprietorship or general partnership.
(b) "Cemetery" means a cemetery that holds a valid permit or valid registration granted under the cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543.
(c) "Crematory" means a building or structure, within which the remains of deceased persons are or are intended to be cremated.
(d) (b) "Funeral establishment" means a place of business used in the care and preparation for burial or transportation of a dead human body or a place where an individual represents that he or she individual is engaged in the profession of undertaking or the practice of mortuary science.
(e) (c) "Holder of a license for the practice of mortuary science" means an individual who satisfactorily completes a course in mortuary science, passes an examination required under this article, serves the required resident training, and is issued a license for the practice of mortuary science.
(f) (d) "Practice of embalming" means the disinfecting or preserving of a dead human body, entirely or in part, by the use of a chemical substance, fluid, or gas in the body or by the introduction of a chemical substance, fluid, or gas into the body by a vascular or hypodermic injection, or by direct application into an organ or cavity.
(g) (e) "Practice of funeral directing" means engaging in or representing oneself as engaging in the supervising of the burial and disposal of a dead human body, managing a funeral establishment for the preparation, disposition, and care of a dead human body, or using, in connection with the user's name or funeral establishment, the word "funeral director", "funeral service professional", "undertaker", or "mortician", or any other title embodying the words "mortuary science" or otherwise implying that the individual is engaged as a funeral director.
(h) (f) "Practice of mortuary science" means the practice of embalming or the practice of funeral directing, or both.
(i) (g) "Resident trainee" means an individual who is engaged in learning the practice of embalming or funeral directing or the practice of mortuary science under the instruction and personal supervision of a holder of a license for the practice of mortuary science in this state.
Sec. 1806a. (1) The department may issue a courtesy license to engage in the practice of mortuary science to an individual if the department determines that all of the following are met:
(a) The individual holds a valid license to practice mortuary science, funeral directing, or another occupation that is the equivalent of the practice of mortuary science or funeral directing, issued by the state of Indiana, Ohio, or Wisconsin.
(b) The state that issued the license described in subdivision (a) by law provides individuals licensed under this article substantially the same opportunity to practice in that state as its licensees are authorized to practice in this state under this section.
(2) A courtesy license is valid for 2 years, beginning on the date it is issued or renewed.
(3) An individual who holds a courtesy license may do any of the following:
(a) Remove a dead human body from the place of death in this state.
(b) Register with a local registrar under section 1807.
(c) Subject to section 1807, transport a dead human body to or from the state in which he or she the individual is licensed.
(d) Subject to section 1807, supervise the final disposition in this state of the human body of an individual who died in the state in which he or she the individual is licensed.
(e) Directly or indirectly own, manage, operate, maintain, or be employed by a crematory.
(4) An individual who holds only a courtesy license shall not do any of the following in this state:
(a) Operate a funeral establishment.
(b) Engage in the practice of embalming.
(c) Advertise mortuary science, funeral directing, or cremation services.
(d) Directly Except as otherwise provided in subsection (3)(e), directly or indirectly own, manage, operate, maintain, or be employed by a cemetery or crematory or engage in any similar activity for which registration is required under the cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543.
(e) Violate Commit any of the violations in section 1810.
(5) The department shall ensure that a courtesy license is issued with the restrictions described in this section.
(6) As used in this section, "courtesy license" means a license issued under this article to an individual described in subsection (1) that is subject to the restrictions described in this section.
Sec. 1809c. An individual, partnership, association, municipal corporation, body politic, or corporation that owns a funeral establishment may directly or indirectly own, manage, operate, or maintain a crematory for the incineration of human remains. The crematory must not be owned, managed, operated, or maintained by a person that also owns, manages, operates, or maintains a cemetery.
Sec. 1810. (1) A person shall be is subject to the penalties of article 6 if the person commits 1 any of the following:
(a) Solicitation of a dead human body by a licensed person licensee or an agent, assistant, representative, employee, or person acting on behalf and with the knowledge and consent, express or implied, of the licensed person, licensee, whether the solicitation occurs after death or while death is impending, or the procuring or allowing directly or indirectly of a person to call upon an institution or individual by whose influence a dead human body may be turned over to the licensed person or funeral establishment.
(b) Procuring a person known as capper, steerer, or solicitor to obtain funeral directing or embalming, or allowing or permitting a capper, steerer, or solicitor to obtain funeral directing or embalming for a licensed person licensee or funeral establishment.
(c) The direct or indirect payment or offer of payment of a commission by a licensed person licensee or an agent, representative, assistant, or employee of the licensed person licensee for the purpose of securing business.
(d) Aiding or abetting an unlicensed person a nonlicensee to engage in the practice of funeral directing or embalming.
(e) Using profane, indecent, or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased, whose body has not yet been interred or otherwise disposed of.
(f) Solicitation Subject to subsection (4), solicitation or acceptance by a licensed person licensee of a commission or bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in a crematory, mausoleum, or cemetery.
(g) Using a casket or part of a casket that has been previously used as a receptacle for, or in connection with, the burial or other disposition of a dead human body. This subdivision does not apply to a casket or part of a casket that was designed and manufactured for more than 1 use.
(h) A violation of any of the following:
(i) Section 2652, 2653, 2659, 2663, 2836, 2842, 2843, 2848, 2850, 2851, 2853, or 2854 of the public health code, 1978 PA 368, MCL 333.2652, 333.2653, 333.2659, 333.2663, 333.2836, 333.2842, 333.2843, 333.2848, 333.2850, 333.2851, 333.2853, and 333.2854, or the rules promulgated under those sections.
(ii) Sections 3206 to 3209 of the estates and protected individuals code, 1998 PA 386, MCL 700.3206 to 700.3209.
(iii) A municipal or county ordinance or regulation affecting the handling, custody, care, or transportation of a dead human body.
(i) Refusing to promptly surrender the custody of a dead human body, upon the express order of the person lawfully entitled to the custody.
(j) Failure to secure a permit for removal or burial of a dead human body before interment or disposal.
(k) Obtaining possession of or embalming a dead human body without first being expressly directed or authorized to do so by a relative of the decedent or a person entitled to custody. This subdivision does not apply to the embalming of a dead human body if, in accordance with sections 3206 to 3209 of the estates and protected individuals code, 1998 PA 386, MCL 700.3206 to 700.3209, reasonable efforts to obtain the authorization described in this subdivision have been made but were not successful and more than 48 hours have elapsed since the decedent's death.
(l) Knowingly making a false statement on a certificate of death.
(m) Removing or embalming a dead human body if there is information indicating the commission of a crime or an act of violence in connection with the cause of death, unless permission of the county medical examiner has first been obtained.
(n) If a public officer or employee, an official of a public institution, convalescent home, private nursing home, maternity home, public or private hospital, physician or surgeon, or any other person having a professional relationship with a decedent, or a county medical examiner or other public official having temporary custody of the decedent, sending or causing to be sent to a person or establishment licensed under this article the remains of a deceased person without having first made inquiry as to the desires of the person with authority over the disposal of the remains of the decedent under section 3206 of the estates and protected individuals code, 1998 PA 386, MCL 700.3206, and of the person that may be chargeable with the funeral expenses of the decedent. If a person with authority over the disposal of the remains of the decedent under section 3206 of the estates and protected individuals code, 1998 PA 386, MCL 700.3206, is found, the person's authority and directions shall govern the disposal of the remains of the decedent.
(o) If a licensee, receiving remains in violation of the requirements of subdivision (n) and making a charge for a service in connection with the remains before the delivery of the remains as stipulated by the person with authority over the disposal of the remains of the decedent under section 3206 of the estates and protected individuals code, 1998 PA 386, MCL 700.3206. This subdivision shall does not prevent prohibit a person or establishment licensed under this article from charging and being reimbursed for services rendered in connection with the removal of the remains of a deceased person in case of if the person's death was accidental or violent, death, and rendering necessary services required until the person with authority over the disposal of the remains of the decedent under section 3206 of the estates and protected individuals code, 1998 PA 386, MCL 700.3206, or the person that is chargeable with the funeral expenses is notified.
(p) If a funeral establishment or a licensee, entering upon into an agreement, directly or indirectly, in which the practice of embalming or funeral directing is to be rendered in consideration for the funeral establishment, licensed person, licensee, or an agent, assistant, or representative of the establishment or licensed person, licensee, being designated as beneficiary in an insurance policy or certificate. This subdivision does not govern or limit the authority of a personal representative, trustee, or other person that has a fiduciary relationship with the deceased.
(q) Failure to comply with part 138 of the public health code, 1978 PA 368, MCL 333.13801 to 333.13832.
(r) Failure to comply with the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.
(2) The department, in consultation with the director of public health, the department of health and human services, shall promulgate rules to prescribe training standards for licensees and nonlicensees that handle medical waste in a funeral establishment.
(3) A licensee that owns or operates a funeral establishment shall train its employees in accordance with the rules promulgated under subsection (2).
(4) A licensee must not receive a commission for referring a consumer to a crematory, mausoleum, or cemetery unless the commission is disclosed to the consumer in writing before the referral is made.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law.
(a) Senate Bill No. 445.
(b) Senate Bill No. 446.
