HB-4891, As Passed Senate, June 29, 2006

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4891

 

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.