HB-4891, As Passed Senate, June 29, 2006
June 7, 2005, Introduced by Reps. David Law, Caswell, Taub, Nofs, Jones, Kahn and Pearce and referred to the Committee on Judiciary.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1801 and 1810 (MCL 339.1801 and 339.1810),
section 1810 as amended by 1990 PA 15.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1801. As used in this article:
(a) "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 a person represents that the person
is engaged in the profession of undertaking or the practice of
mortuary science.
(b) "Holder of a license for the practice of mortuary science"
means a person who satisfactorily completes a course in mortuary
science, who passes an examination prescribed in this article,
serves the required resident training, and is issued a license for
the practice of mortuary science.
(c) "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 the chemical substance, fluid, or gas into the body
by a vascular or hypodermic injection, or by direct application
into an organ or cavity.
(d) "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; maintaining 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
one is engaged as a funeral director.
(e) "Practice of mortuary science" means the practice of
embalming , or the practice of funeral directing, or both.
(f) "Resident trainee" means a person 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. 1810. (1) A person shall be subject to the penalties of
article 6 if the person commits 1 of the following:
(a) Solicitation of a dead human body by a licensed person or
an
agent, assistant, representative, employee, or a person
acting
on behalf and with the knowledge and consent, express or implied,
of the licensed person, 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 or funeral establishment.
(c) The direct or indirect payment or offer of payment of a
commission by a licensed person or an agent, representative,
assistant, or employee of the licensed person for the purpose of
securing business.
(d) Aiding or abetting an unlicensed person 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 or acceptance by a licensed person 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 which has been
previously used as a receptacle for, or in connection with, the
burial or other disposition of a dead human body.
(h) A violation of a state law or 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 or embalming a dead human body
without first being expressly directed or authorized to do so by a
relative of the deceased person or a person entitled to custody.
(l) Knowingly making a false statement on a certificate of
death.
(m) Removing or embalming a dead human body if there is
information indicating crime or 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
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 next of kin 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 who may be chargeable with the funeral expenses of the
decedent.
If kin 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 kin 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 not prevent 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 accidental or violent death, and
rendering
necessary services required until the
next of kin
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 who is
chargeable with the funeral expenses is notified.
(p) If a funeral establishment or a licensee, entering upon an
agreement, directly or indirectly, in which the practice of
House Bill No. 4891 as amended May 3, 2006
embalming or funeral directing is to be rendered in consideration
for the funeral establishment, licensed person or an agent,
assistant, or representative of the establishment or licensed
person, being designated as beneficiary in an insurance policy or
certificate.
This subdivision shall does
not govern or limit the
authority
of [an administrator or executor a personal representative],
trustee,
or other person
having
who has a fiduciary relationship with the deceased.
(q)
Failure to comply with part 138 of the public health code,
Act
No. 368 of the Public Acts of 1978, being sections 333.13801 to
333.13819
of the Michigan Compiled Laws 1978 PA 368, MCL 333.13801
to 333.13831.
(2) The department, in consultation with the director of
public health, shall promulgate rules to prescribe training
standards for licensees and nonlicensees who handle medical waste
in a funeral establishment.
(3) A licensee who owns or operates a funeral establishment
shall train his or her employees pursuant to the rules promulgated
under subsection (2).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4870(request no.
00385'05 *) of the 93rd Legislature is enacted into law.