Bill Summary – FastDemocracy

SENATE BILL NO. 444
     June 28, 2023, Introduced by Senators HERTEL, WEBBER, SHINK, SINGH, WOJNO and
        GEISS and referred to the Committee on Regulatory Affairs.
          A bill to amend 1980 PA 299, entitled
    "Occupational code,"
    by amending sections 1801, 1806a, and 1810 (MCL 339.1801,
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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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.
11
       (b) Senate Bill No. 446.
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Statutes affected: 
Senate Introduced Bill: 339.1801